Legal Question in Criminal Law in India
for dishonour of cheque
dear sir,
we have provide some material to a company and it has issued a post dated cheque of 15th july 08but its cheque dishonoured on dated 26thaugust 08 . what is the proper procedure for filling complaint?
5 Answers from Attorneys
Re: for dishonour of cheque
Sir, you get 30 days from the receipt to send across the notice of demand to the other party.
The notice can be sent by an advocates office. thereon the filings will be done after the expiry of fifteen days from which the notice was sent.
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Re: for dishonour of cheque
You need to proceed in accordance with the provisions of section 138 NI Act for filing a criminal case.
There has to be a notice of demand within prescribed period and on failure to pay the amount of cheque within prescribed notice period, complaint can be filed within prescribed period.
Re: for dishonour of cheque
You need to issue a demand notice and if you still do not receive payment, you should file a criminal complaint before trial court of the area under Section 138 of NEGOTIABLE INSTRUMENTS ACT.
Re: for dishonour of cheque
Immediately sent notice thru your advocate. Don't waste time as there are strict rules of limitation in chq dishonour cases
Re: for dishonour of cheque
I had carefully gone into the facts narrated by you in your reference.
Within 30 days from the date on which cheques are dishonoured , you have to serve demand notice calling upon company to make payment within 15 days of receipt of this notice. If company fails to make payment within 15 days of receipt of the notice, you can file complaint case under section 138 Negotiable Instruments Act within 30 days from the date of expiry of 15 days mentioned in notice.
In case you find any difficulty, please don�t hasitate to recommunicate your problem.All possible assistance will be provided you.
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