Cheque bounce

richa (Querist) 25 April 2012 This query is : Resolved
Hi,

I had received a post dated cheque towards payment of salary in the month of feb 2012. the cheque bounced but i waited in good faith that my payment would be made. Now its approaching may 2012 and i still have not received my payment. kindly advice on the same how do i recover my amount.

Thanks

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Arvind Singh Chauhan (Expert) 25 April 2012
If 6 months from the date mentioned on cheque is not expired, you can present it again. And after bouncing issue notice and file complaint under 138 within limitation period.

You can issue notice to employer also for the payment of salary and my take recourse of labor court.

Deepak Nair (Expert) 25 April 2012
You cannot take any legal action now as the limitation period of 1 month for sending notice is elapsed.

Now you are required to present the cheque again for realisation. See whether it gets honored or not. If dishonored, send a legal notice within 30 days from the date of intimation of dishonour.

Raj Kumar Makkad (Expert) 25 April 2012
# Deepak! As the notice was not given to the accused so the cheuqe can again be presented if the same is valid as on day.

Raj Kumar Makkad (Expert) 25 April 2012
You present the cheque for the collection with your bank and strictly follow the rules as prescribed under section 138 Ni Act. engage a lawyer for that purpose.

V R SHROFF (Expert) 25 April 2012
present the cheque again, and serve legal notice demanding the amt. , if do not pay in 15 days, lodge complaint u/s 138 n.i. act

Devajyoti Barman (Expert) 26 April 2012
All have rightly advised.

Sankaranarayanan (Expert) 26 April 2012
I too hold hands with experts

Shonee Kapoor (Expert) 26 April 2012
Present case again

If it bounces, send legal notice and then proceed with the complaint case.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Santosh Goswami,Advocate (Expert) 26 April 2012
Dear Richa
Deposit the cheque again and let it bounced.After 2,3 days take the memo report and then send a legal notice. After waiting for 15 days, file a complaint u/s 138, N.I.Act.So simple.
919555462995

R Trivedi (Expert) 26 April 2012
Since the cheque is of Feb, please ensure that you deposit the cheque within 3 months, as the cheque validity is reduced to 3 months. I am not sure if cheque issued prior to APril 2012, still has 6 months validity.

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