Legal Question in Banking Law in India

Cheque bounce

7 months ago my cheque bounced due to insufficient funds. i rightfully paid the person full amount along with the bouncing charges with a couple of days after that, but i carelessly didnt take return my bounced cheque.A month ago the person, shockingly redeposited the bounced cheque last month, which i rightfully bounced it. The person the had send me a lawer`s notice last Nov 26 asking me to pay the amt, which i gave back a reply rightfully denying it. That person now threatens me to drag me to court, as he denies to have recieved the due payments frm me. The amt is too big for me too bear again. I know due to my foolishness i am totally stucked in this matter. Sir, i wld like to know, that within how many days after the cheque is bounced , a person is liable to file a court case. , so , i can try and extend the time period as much as possible talking with that person.


Asked on 1/04/08, 10:18 am

2 Answers from Attorneys
G. M. Gupta gmguptaandassociates

Re: Cheque bounce

from the day you received notice u spend 45 days

dont let him file the case within 45 days

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Answered on 1/06/08, 2:56 am
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: Cheque bounce

Under Section 138 the notice can be sent within 30 days from the date cheque is bounced rather the intimation of bouncing of cheque by banker of drawer . The cheque can be presented as many times as long as it is valid. However if the notice is issued to you cause of action to such action is only once . It is not clear whether at the first time there was any notice issued to you. If it is there you can file a discharge application . If there is no notice go and file a criminal complaint and civil suit not to encash the cheque of whcih you have already made payment

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Answered on 1/07/08, 8:46 am


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