Legal Question in Banking Law in India
I gave an cheque dt. 30/5/ 2012
Party deposited the cheque on 27 /8/ 12 my bank received on 3/9/12
My bank returned saying outdated.
Party filed an 138 against me
Judge say which date should be counted. what can be done by law
Asked on 12/18/15, 8:01 am
1 Answer from Attorneys
Fca Prashant Chavan
Expert Edge LLP
19.12.2015
Dear Sir / Madam.
The case under Section 138 of the Negotiable Instruments Act, 1938 has to be lodged within 30 days of the date of intimation of dishonour by the Bank. Snce the party has deposited the cheque well within the validity period of the cheque, your Bank ought to have cleared that cheque if there are funds in your Bank A/c. You should issue a replacement cheque to the party with the amount as decided by and vide the Court settlement.
Regards,
Answered on 12/18/15, 8:34 pm
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