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138 Cheque Bounce Issue

(Querist) 24 April 2015 This query is : Resolved 
Dear Sir!
One of my acquaintance gave me a cheque and the same bounced. The person asked me to present the cheque again after a few days though well within the validity period of the cheque but again it was not honoured by him.It so happened on the third instance as well and I filed a case against the said person after completing the formality of sending the legal notice within the 15 days of last(third) bouncing date which was within the validity period of the cheque. The case is underway now but I have been told that the case should be filed immediately after first instance of bouncing and it is a settled law and also that I stand no chance of winning the case.
I seek your advice in the matter so that I can decide the future course of action.
Thank you in anticipation.
Vikas Kumar (Querist) 24 April 2015
Please Help
Advocate Bhartesh goyal (Expert) 24 April 2015
Cheque can be presented many times within the validity period .if complaint had been filed within time it is maintainable.
SURESH BV, Advocate (Expert) 24 April 2015
Dear Vikas,

In your complaint you would have definitely narrated the instance where you were asked to present the cheque after bouncing for the first time and subsequently thereafter. The onus is on you to prove the circumstances forcing you to present the cheque recurrently. You can file a complaint even after bouncing the cheque for the first time. Therefore, you need not to worry.
Guest (Expert) 24 April 2015
Your information is quite incomplete to form any suitable opinion. For example you have not mentioned the dates of presenting the cheque to know the period of interval between the first dishonour, second dishonour, third dishonour with particular reference to the date of issue of notice to the drawer of the cheque.

Also, what is the advice of your own lawyer?

Still further, please be clear to state on what specific issue you want advice.
Rajendra K Goyal (Expert) 24 April 2015


As per SC ruling:
In the result, we overrule the decision in Sadanandan Bhadran's case (supra)
and hold that prosecution based upon second or successive dishonour of the
cheque is also permissible so long as the same satisfies the requirements
stipulated in the proviso to Section 138 of the Negotiable Instruments Act.

MSR Leathers vs. S. Palaniappan and
Anr. MANU/SC/0797/2012
Dr J C Vashista (Expert) 29 April 2015
I agree with the experts advise, no room left, proceed through your lawyer.
T. Kalaiselvan, Advocate (Expert) 02 May 2015
You have been wrongly informed by someone that way. Your case is valid,consult your lawyer for further issues.


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