Legal Question in Criminal Law in India

Dear Sir,

I have issued a chq of 1,25,000 /- of HDFC of jan dated and then on mutual discursion it was decided to postpone the pay after 3 months.

So the other party not trusting me of giving the same and since it was crossing 6 months ,deposited the chq in may across the counter in the of HDFC ( he owns the same bank a/c ) and got a memorandam of chq returned signed by the bank as insufficient.

But this chq never came to my notice as bounced, even today the chq shows not paid..and nither reflected in my bank account...but i recvd a lawer notice of chq bounce.

Is this valid or have any right to justify ?


Asked on 6/20/11, 9:09 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Bounced cheques are not reflected in the Pass Book of Statement of drawer.

If cheque is presented within the period of validity and is dishonoured, then the payee may issue a Notice of Demand and in the event of failure of drawer to pay the amount of cheque within notice period, may initiate legal proceedings against the drawer.

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Answered on 6/20/11, 11:44 pm


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