Legal Question in Banking Law in India

Re: Cheque Bounce

cheque dishonour - if you are going for a complaint-

-legal notice has to be given within 15 days of dishonour of the cheque

- complaint u/sec 138 has to filed within 30 days

- in your case there is already a delay in issuing a notice

- now represent the cheque and see if it is honoured - if not consult a lawyer and follow the procedure.

Re: Cheque Bounce

It appears that u have failed to give the notice contemplated under Sec.138 of Negotiable Instruments Act within the time mentioned in that section. Please save the SMS message with the details of the sender etc., It is a 'document" within the meaning of the said term in Indian Law. With the help of a lawyer, send notice for payment of the debt to the issuer of the cheque. If he does not pay within the time, only remedy is to file a suit. If possible get a print out of the SMS message with all details from technical people who do that job. Otherwise, you have to preserve the message to be proved in a court of law by production of the cell phone and display of the message, in case, the case is contested by the debtor. It is advisable to get local legal assistance instead of throwing it at the web.

Re: Cheque Bounce

Proceed against your friend on the basis of cheque both in civil and criminal.Let your friend to prove that cheque was without consideration and the money was not taken by him.You can also prove lending of money by witnesses if any.Consult a lawyer with complete facts.

Re: Cheque Bounce

mmmm it can not be adviced here but u have something to file a case.

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