Legal Question in Banking Law in India

Cheque

What is cheque expiry date.I issue cheque on 27/10/08.from these date chq. was bounce three times,with in how many days client have to file the case against me.and after how many day chq. will expire.


Asked on 4/04/09, 3:54 am

4 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Cheque

6 months is date of expiry of chq from the chq date. The case u/s 138 NI act is to be filed within 45 days

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Answered on 4/05/09, 8:26 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Cheque

The cheque has already expired.

Can you state your facts in detail or kindly re-word the same.

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Answered on 4/04/09, 5:18 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Cheque

Unless stipulated to the contrary, the cheque validity date may be six times and therefore the cheque issued by you may be valid upto 26.4.2009.

The payee may file a civil case for recovery within three years from the date of cheque bouncing.

However, he may issue a demand notice. If the payment is not made by the drawer within the stipulated time, he may file a criminal case under Negotiable Instruments Act soon thereafter.

Advice : Send the cheque amount to the payee by way of Bank Draft alongwith a letter of apology to avoid criminal prosecution. You may also be burdened with the costs of litigation.

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Answered on 4/04/09, 7:50 am
Pranav Desai PD Legal & Associates

Re: Cheque

Cheque will expire after 6 months. Whereas, cheque bouncing complaint can be filed within 1 month from the expiry of 15 days from the date of receipt of notice issued by payee.

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Answered on 4/04/09, 12:20 pm


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