Cheque bounce
Nithiselvan
(Querist) 01 June 2016
This query is : Resolved
If a cheque presented in the bank at the last time of its validity. Example: 5 days before its expiry. The cheque gets bounced due to insufficient fund. Now cheque validity also expired. And the cheque issued person refuses to give fresh cheque.
Can we proceed leaglly for the bounced cheque. because as per law there is a time bound to give notice within 30days form the date of cheque bounce.? But cheque expired.
Nithiselvan
(Querist) 01 June 2016
shall proceed legal action or not in this condition?
Nithiselvan
(Querist) 01 June 2016
shall proceed for legal action in this condition?
r.sathyanarayanan
(Expert) 01 June 2016
You can issue notice as stipulated u/s 138 NI act.
Advocate Bhartesh goyal
(Expert) 01 June 2016
Notice can be issued within thirty days from the date of cheques dishonour.
Nithiselvan
(Querist) 02 June 2016
we had a business with him. we found he is cheating in monthly billing amounts. We stopped doing business with him. But some pending amounts are to be paid to us. We conducted a settlement meeting with him and calculated approx amount to be paid to us by him and got postdated cheque.
Nithiselvan
(Querist) 02 June 2016
shall i understand that, cheque validity was over but have time period to take legal notice. Since the cheque presented in bank 5 days before its expiry date and bounced. so i have 30 days time limit to take action. am i right sir
SAINATH DEVALLA
(Expert) 02 June 2016
As U have deposited the said cheque within the stipulated time,case under NI ACT is maintainable.Take the assistance of a competent local lawyer for further legal action.
Rajendra K Goyal
(Expert) 09 June 2016
If the stipulated time for sending notice and filing case u/s 138 NI Act has expired, file money suit to recover the money.
