Legal Question in Banking Law in India
cheque return case
A cheque was presented five and a half months back but dishonoured two times. Without any information to me the same was again presented and again dishonoured. Can he file a complaint against the person who issued the cheque?
4 Answers from Attorneys
Re: cheque return case
Hello.
Good Evening.
At this point of time he has to serve the notice within 15 days of the returned cheque.
So yes in this case he can look forward to execute proceedings u/s 138 of the NI Act.
Re: cheque return case
Yes
Re: cheque return case
yes, the payee may be entitled to file a complaint u/s 138 N.I.Act against the drawer after giving him notice of demand.
Re: cheque return case
From the question it appears it is you who has issued the cheque. If the payee has kept quiet when the cheque was returned the first time, he cannot create a fresh cause of action by presenting the cheque again and again and get it bounced. In the instant case, the payee cannot successfully prosecute you merely because the cheque got bounced the third time and he had on earlier occasions kept quiet.
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