Legal Question in Banking Law in India
u/s 138 NIA CHEQUE BOUNCE
how and when to file cheque bounce case
Asked on 5/01/07, 3:23 pm
1 Answer from Attorneys
G. M. Gupta
gmguptaandassociates
proceedings of filing case under 138 NIA
the cheque must be represented for payment within 6 months of its date and on it getting bounced you have to send the notice to the person who has issued the cheque to you.
the notice must be issued within one month of receipt of bank memo for dishonour of the cheque.
the notice must give 15 days time period for payment of the cheque amount after the receipt of the notice by the person. after the 15 days of receipt of notice you can file the complaint within 1 month(45 days in total but not before expiry of 15 days).
interest can not be claimed as a matter of right in these cases. file civil recovery case for interest.
Answered on 12/31/69, 7:00 pm
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