Legal Question in Banking Law in India

Bounce Cheque

Sir,

A person who gave me an A/c payee cheque but it got bounced two times. First time it was bounced on 17/01/2008, when I deposited it for clearing, it again bounced on 17 of March 2008. The concerned bank issued memos for both of the same stating cheque uncleared for insufficient fund. There's another bearer cheque that was also returned for no sufficient balance.

Shall I file a case against him though the cheque has bounced two times? I have take advice from a nearer advocate but he told me that the case is not solid because cheque has bounced two times. The case must be filed when it was bounced first time. Is that true? I'm too much puzzled and harassed. Please kindly suggest me about the case.

Thanks and regards..!


Asked on 3/31/08, 3:14 am

11 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

Re: Bounce Cheque

You can deposit the cheque number of times before issuing a legal notice through a lawyer and if you have completed the procedure of issuing a legal notice then you may file a summary recovery suit.

In case of need please contact with details.

Professional charges are applicable.

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Answered on 4/01/08, 12:26 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Bounce Cheque

You can deposit the cheque number of times before issuing a legal notice through a lawyer and if you have completed the procedure of issuing a legal notice then you may file a summary recovery suit.

In case of need please contact with details.

Professional charges are applicable.

Read more
Answered on 4/01/08, 12:26 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Bounce Cheque

You can deposit the cheque number of times before issuing a legal notice through a lawyer and if you have completed the procedure of issuing a legal notice then you may file a summary recovery suit.

In case of need please contact with details.

Professional charges are applicable.

Read more
Answered on 4/01/08, 12:26 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Bounce Cheque

The cheque can be deposited any number of times before sending notice of dishonour. So if you have sent him notice of dishonour or letter that legal action will be taken if chq amt is not paid within specified period after first chq bounce then the case has gone for limitation. Kindly speak to me on 25407864 or 9821224308

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Answered on 3/31/08, 10:34 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Bounce Cheque

The cheque can be deposited any number of times before sending notice of dishonour. So if you have sent him notice of dishonour or letter that legal action will be taken if chq amt is not paid within specified period after first chq bounce then the case has gone for limitation. Kindly speak to me on 25407864 or 9821224308

Read more
Answered on 3/31/08, 10:38 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Bounce Cheque

The cheque can be deposited any number of times before sending notice of dishonour. So if you have sent him notice of dishonour or letter that legal action will be taken if chq amt is not paid within specified period after first chq bounce then the case has gone for limitation. Kindly speak to me on 25407864 or 9821224308

Read more
Answered on 3/31/08, 10:38 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Bounce Cheque

The cheque can be deposited any number of times before sending notice of dishonour. So if you have sent him notice of dishonour or letter that legal action will be taken if chq amt is not paid within specified period after first chq bounce then the case has gone for limitation. Kindly speak to me on 25407864 or 9821224308

Read more
Answered on 3/31/08, 10:38 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Bounce Cheque

The cheque can be deposited any number of times before sending notice of dishonour. So if you have sent him notice of dishonour or letter that legal action will be taken if chq amt is not paid within specified period after first chq bounce then the case has gone for limitation. Kindly speak to me on 25407864 or 9821224308

Read more
Answered on 3/31/08, 10:38 am

Re: Bounce Cheque

Sir You have to issue legal notice within 15 days from the date of dishonoured of the cheque. You can deposit cheque any number of time before issuing legal notice. You can also file civil case for recovery of cheque amount with interest. If any you can contact me on my cell 9392465234

M.P. SANJAY

[email protected]

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Answered on 3/31/08, 11:20 am

Re: Bounce Cheque

Cheque can be presented as many time as it is possible with in six months from the date of issuance of cheque.You may file complaint u/s.138 N.I.Act and further summary recovery suit.

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Answered on 3/31/08, 12:36 pm
J. Radhakrishnan independent Practice

Re: Bounce Cheque

give a notice within one month from the date of return of the cheque for the second time, (the cheque having been presented on orad advice of the drawer to be presented again after the first return) and then follow the procedure under Sec.138 of the N.I.Act. You can also add the claim regarding the bearer cheque also which has been returned in the demand notice for the first a/c payee cheque, if one month time has not passed off on the date of proposed issue of notice .

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Answered on 3/31/08, 1:48 pm


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