Legal Question in Banking Law in India
cheque bouncing
One of my debtor issued me a cheque for Rs.25823.00. I presentred the cheque in my bank for collection on 11.5.2009. The cheque being bounced on 14.5.2009. So, Through my lawyer, I issued a legal notice on 20.5.2009 demanding to pay the said amount otherwise legal action follows.
Now my question is what is the maximum period I can wait to initiate the criminal proceedings in the court against my debtor ?
Pls. advice sir,
3 Answers from Attorneys
Re: cheque bouncing
You should give 15 days time for payment from the date of receipt of notice by the defaulter. Once the 15 days lapses you can file the complaint any time within a period of one month from the expiry of the abovementioned 15 days.
Re: cheque bouncing
from the date of issuance of the legal notice, you can file the case after 15 days and upto next 30 days.
Re: cheque bouncing
You have already engaged a lawyer to pursue your remedy. It may be better to trust him and follow his advice. The relevant statue may also be perused.
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