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


Asked on 2/21/09, 6:12 am

5 Answers from Attorneys

J. Radhakrishnan independent Practice

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.

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Answered on 2/21/09, 10:51 am
J. Radhakrishnan independent Practice

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.

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Answered on 2/21/09, 10:51 am
J. Radhakrishnan independent Practice

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.

Read more
Answered on 2/21/09, 10:51 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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.

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Answered on 2/21/09, 1:11 pm
Pranav Desai PD Legal & Associates

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.

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Answered on 2/22/09, 12:50 am


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