Legal Question in Consumer Law in India
Bounce Cheque
Hi, Out of my appartment
cancellation. My builder has gave
me 2 Post dated cheques. Rs.10L &
Rs30L. Out of which the Rs 10L
Cheque has bounce for insufficinat
funds. The builder is been draging
his feet. Its already 3 months from
the cheque has bounced & the
second cheque is getting expiring.
What is the time limit to file case for
Bounce cheque & what should be
the next step. Please advise.
thanks
5 Answers from Attorneys
Re: Bounce Cheque
the notice for the payment of bounced cheque needs to be issued within a month for taking an action in negotiable instruments act. you need to redeposit the cheque of 10L along with the cheque of 30 L and then send the notice for both the cheques together or separately within one month of them bouncing. then after the receipt of notice, the complaint may be filed within 45 days.
Re: Bounce Cheque
limitation is strict in S138 case and therefore contact a local lawyer with details immediately
Re: Bounce Cheque
Your time limit for taking action under the Negotiable Instruments Act may have expired. You may consult a lawyer who may advise you after perusing your documents. A civil suit for recovery may be maintainable.
Re: Bounce Cheque
Before you opt for a prosecution process
you should give him an opportunity to pay
for the the defaulted cheques in writing giving
some fixed time,in default you may file a suit
under Negotiable instrument Act. Be sure
that the cheque was meant for refund of your
advance amount deposited for an apartment
Re: Bounce Cheque
iT SEEMS AS IF YOU WANT TO LOSE ALL YOUR MONEY AND RECOVER NOTHING.
The builder is actually waiting for you to delay the matter so that the cheques become invalid and then he will not be under any criminal liability and you will be after him for years without getting anything.
The notice of cheque bounce has to be given within 30 days. If you have not done so...so to some good advocate TODAY itself. Or you are likely to lose all your money.
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