Notice in case of bouncing of cheque

Querist : Anonymous (Querist) 28 November 2009 This query is : Resolved
I wrote a letter to builder in which I requested to pay my money when the given cheque got bounced. Someone told me that the given letter will treat as NOTICE so you have to file case immidiately.

Being confused, I sent a legal notice through lawyer to builder on 14th day since I got know from bank that the cheque is bounced.

My query is that

IS there any LEGAL DEFAULT for sending BOTH a DEMAND LETTER PERSONALLY & then sending a LEGAL NOTICE THROUGH LAWYER within 15 DAYS by registered post ? CAN TWO NOTICES BE SENT WITHIN PRESCRIBED TIME
PERIOD ?

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prakash vathore (Expert) 28 November 2009
it will not create any problem as your first letter is also a demand notice since you had again sent a notice through ur advocate in that circumstances the limitation for filing the 138 case shall be start from the first notice which is ur letter.

adv. rajeev ( rajoo ) (Expert) 28 November 2009
Letter written by you will be treated as notice, if you have sent lawyer notice after one month from the date of receipt of bounced cheque you will have to file a complaint next day of end of 15th day, cause of action arises only once.
within one month you have sent a legal notice as well your letter so there is no difficulty.

Raj Kumar Makkad (Expert) 28 November 2009
Both are maintainable and there is no illegality in this matter.

Neeraj Arora (9897136755) (Expert) 28 November 2009
I do agree with Mr. Prakash vathore that the limitation for filing the 138 n.i. act. case shall be start from the first notice which is ur letter.

Sachin Bhatia (Expert) 28 November 2009
Cause of action will start on the end of 15th day of lawyer notice.

joyce (Expert) 28 November 2009
Rajeev, Raj makad, sachins answers i adopt and hope no need to repeat the answer.

Poonam Upadhyay pathak (Expert) 28 November 2009
I agree with Rajeev , Raj, and Sachin sir.

Khaleel Ahmed (Expert) 04 December 2009
It is advised hereby that,for cheque bounce a separate legal notice of 15 days must be issued as per NI Act.

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