Legal Question in Criminal Law in India

Re: under section NI 138

If new address was communicated to bank in usual course of business prior to deposit of cheque, then sending cheque return memo on old address may enable you to say that you have actually received cheque return memo in April, 2009.

Kindly consult your lawyer with details.

Re: under section NI 138

One has to send the notice of dishonour to the drawer of the cheque within 30 days of receipt of information memo from the bank. You have to count the number of days from the receipt of information and not from the date of memo. For example, if the date of memo of dishonour is Feb 09 but you have received it in April 2009 and you have the evidence of its receiving in april 2009 then you count your thirty 30 days from april 2009 and not Feb 09.

Your second option is to deposit the cheque again, let the same be dishonoured and send the legal notice within 30 days of receipt of memo, this time.

Please keep in mind, that the cause of action for filing a complaint arises after legal notice has been issued and the payment has not been made within 15 days of receipt of the notice by drawer. If you have not issued notice, you may deposit the cheque any number of times within its validity period

Regards

Vishwa Arya

Re: under section NI 138

yes go ahead

Re: under section NI 138

No since the limitation has expired your case may not sustain. Hence, you can redeposit the cheque and revive your limitation.

Re: under section NI 138

You may ask the bank to issue you a fresh memo for a date on which the cheque was actually returned to you. Or you may consider presenting the cheque again and take appropriate action within the time stipulated by law.