Legal Question in Banking Law in India
Notice recieved
Sir,
I have recieved notice for cheque bounce case from payee and we had a negotiation between both of us and he agreed to return those cheques, do I need to reply his lawyers notice through having lawyer from my side or if once cheque recieved from him then matters closes automatically or he should approaach to his lawyer to close the issue
5 Answers from Attorneys
Re: Notice recieved
If the result of negotiation is evidenced in writing signed by the payee undertaking to return the cheques for which he has issued notice, then no reply to his earlier lawyer's notice is necessary. If there is no sufficient documentary proof binding him to return the cheques, it is advisable that you the drawer should issue a reply notice setting out the agreement to return the cheques and not to precipitate the case on bouncing.
Re: Notice recieved
If the result of negotiation is evidenced in writing signed by the payee undertaking to return the cheques for which he has issued notice, then no reply to his earlier lawyer's notice is necessary. If there is no sufficient documentary proof binding him to return the cheques, it is advisable that you the drawer should issue a reply notice setting out the agreement to return the cheques and not to precipitate the case on bouncing.
Re: Notice recieved
If the result of negotiation is evidenced in writing signed by the payee undertaking to return the cheques for which he has issued notice, then no reply to his earlier lawyer's notice is necessary. If there is no sufficient documentary proof binding him to return the cheques, it is advisable that you the drawer should issue a reply notice setting out the agreement to return the cheques and not to precipitate the case on bouncing.
Re: Notice recieved
If within the NOTICE PERIOD, you receive the original cheque back with a writing that the matter is settled, you may ignore the notice. You may obtain the writing on the back of the cheque or separately.
Re: Notice recieved
If the original cheque is received by you the matter will close. However, as a matter of abundant caution you may choose to write him a letter stating the discussion had amongst you.
Related Questions & Answers
-
Service Tax As clearly stated in Rule 6(2) of Service Tax (Determination of Value)... Asked 2/20/09, 4:45 pm in India Banking Law
-
Harrasing on cheque dishoner sir, I had borrowed RS 5 lakh money from one of the... Asked 2/20/09, 12:57 am in India Banking Law
-
Negotiable instruments act 1881 sec 138 whether other liability includes earnest... Asked 2/19/09, 1:48 pm in India Banking Law
-
Cheque bounce issue and Notice period Sir, if cheque is bounced and also 15 days is... Asked 2/19/09, 12:35 pm in India Banking Law
-
Sarfesi act I have taken a loan of rs 20lack from india bulls bank almost 2 year... Asked 2/19/09, 11:17 am in India Banking Law