Legal Question in Banking Law in India

regarding bounce cheque

hi, i got 3 cheques from a party, all the three cheques were bounced, because of ''insufficient funds''. The party later said that they will pay me in cash for the dishonored cheques. Its almost 4 months they did not pay as said. Can i issue a notice now? what is the procedure to follow? please let me know ASAP.


Asked on 2/17/07, 11:18 pm

4 Answers from Attorneys

Re: regarding bounce cheque

No.The notice must be issued within one month from the date of knowledge of dishonour.In your case if the Six months from the date of issuance of cheque has not expired then you can present the same afresh and if the same bounced then you can issue cheque within time.

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Answered on 2/18/07, 10:52 am
G. M. Gupta gmguptaandassociates

Re: regarding bounce cheque

you can take action and send notice for payment and file case too but

the procedure is long so call me to ask in detail. call me at 9891445855. add zero if calling from outside of delhi.

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Answered on 2/18/07, 12:51 pm
Vishwa Arya Arya & Co.

Re: regarding bounce cheque

Dear Gentleman:

Notice has to be issued within 30 days from the date of receipt of information about the dishonoured cheques. If you did not send the notice in writing earlier, then, your best bet is to deposit the cheques again. Let them bounce back again. Do not get trapped in his sweet talks, and issue the requisite legal notice within 30 days. You may try one trick in depositing cheques one by one with the least amount to take a chance of getting honoured.

Good luck

regards

bhushan Arya

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Answered on 2/18/07, 12:39 am

Re: regarding bounce cheque

Under 138 NI Act you have to issue notice within 15 days from the date of receiving memo from the bank for insufficient of funds. As you said alomost 4 months has gone. You cannot issue notice U/sec 138 NI Act. Only you can issue notice to refund the amount.

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Answered on 2/18/07, 1:07 am


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