Legal Question in Criminal Law in India

Check issue date 31st Dec,2009 is there any link to File the court once bounced

Check issue 31st Dec 2008. I have submitted that check and bounced 26th June 2009. When I need to file the case in court and how much time beyond to this scenerio.


Asked on 6/30/09, 5:55 am

6 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Check issue date 31st Dec,2009 is there any link to File the court once bounced

sent legal notice immediately. case to be filed within 45 days u/s 138 NI act.

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Answered on 7/01/09, 3:07 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Check issue date 31st Dec,2009 is there any link to File the court once bounced

For action under section 138 NI Act, you need to issue a Demand Notice to drawer of cheque within stipulated period and thereafter file complaint.

Time required for disposal of complaint is difficult to estimate and same depends on several factors.

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Answered on 7/01/09, 4:49 am
Pranav Desai PD Legal & Associates

Re: Check issue date 31st Dec,2009 is there any link to File the court once bounced

Consult a local lawyer because you will have to give notice to the party.

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Answered on 7/07/09, 2:00 am

Re: Check issue date 31st Dec,2009 is there any link to File the court once bounced

within 15 days legal notice. thereafter one month to file the case. plz provide your detail.

You may send us your detail our legal associates can easily tackle this situation.

Regards

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Answered on 7/01/09, 7:09 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Check issue date 31st Dec,2009 is there any link to File the court once bounced

the date when u received the bounced cheque, within one month, you are supposed to send a legal notice to the drawer asking him to pay the amount and in case he doesnt make the payment within 15 days from receiving the notice, you may file the complaint within one month from the expiry of those fifteen days.

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Answered on 6/30/09, 6:09 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Check issue date 31st Dec,2009 is there any link to File the court once bounced

You may serve a notice of demand within thirty days of check bouncing; and if money is not received within thirty days, you may initiate criminal proceedings within next thirty.

You may refer to the provisions of Section 138 N.I.Act for guidance.

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Answered on 6/30/09, 9:17 am


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