Limitation to serve legal notice

Querist : Anonymous (Querist) 19 January 2018 This query is : Resolved
In how many days a payee(complainant) who has got the bank memo that the cheque he wanted to encash has bounced due to default of the drawer. can file a complaint u/s 138 NI Act ? If the payee fails to serve the legal notice within 15 days of receiving the bank memo, does this bars him from filing the complaint ? if not please suggest the remedy and precedent cases.

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Adv. Yogen Kakade (Expert) 20 January 2018
Sir, You have to send a demand notice within 30 days of getting the knowledge of the cheque returned unpaid. Give a time period of 15 days to the drawer to pay the amount. If he fails to pay then you can proceed with the legal proceedings u.s.138 of N.I. Act. within 30 days of the expiry of the notice period.

Adv. Yogen Kakade
Jurycon Incorporation (Advocates & Consultants)
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Phone: 020-65248888

Dr J C Vashista (Expert) 20 January 2018
If you want to seek an obligation of FREE experts advise you are required to disclose your identity, no reply for an anonymous author.
However, close this question and consult a local lawyer for proper appreciation, analyses, opinion and guidance.

T. Kalaiselvan, Advocate (Expert) 28 January 2018
Once the cheque is bounced and the party wants to initiate legal procedure then within 15 days from the date of return memo, he has to send a legal demand notice which is a statutory requirement before filing the complaint case before judicial magistrate for legal action against this offence.

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