When a payment has been made to cover a dishonoured cheque but the holder refuses to return the original cheque, the drawer can take several legal steps to resolve the issue.
DOCUMENT EVIDENCE: First, ensure that you have documented evidence of the payment made to the holder. This includes bank statements, receipts, or any correspondence related to the payment. It is crucial to have clear proof that the payment was completed as agreed.
SEND A LEGAL NOTICE: Next, issue a formal legal notice to the holder. This notice should be dispatched within 30 days of making the payment. It must demand the return of the dishonoured cheque and include details of the payment made. The notice should provide a specific deadline, typically 15 days, for the holder to return the cheque.
SEEK MEDIATION: If the holder does not respond or refuses to return the cheque, consider seeking mediation. Mediation can provide a platform for resolving disputes amicably and may help in retrieving the cheque without escalating to court.
FILE A COMPLAINT CASE: If mediation fails, file a complaint case in the Magistrate’s Court submitting with the malafide conduct of the Holder along with evidence of the already made payment, the bounced cheque, and the legal notice. The court will review the case and, if the holder is found guilty, they may face penalties, including fines or imprisonment.
Taking these steps helps enforce your rights and address the refusal to return the cheque effectively. Further Cheque Bounce Advisor (CBA), India’s Fastest Growing Cheque Advisory Firm, is efficiently providing tailor made solutions through its Expertise Team to every related situations at very nominal costs. Contact now for FREE Consultation (Limited Time Offer 24 x 7) at CBA Helpline No.989-1188-400
