let me know the time limit to file cheque bounce case

This query is : Resolved 
 


Querist : Anonymous (Querist)
26 February 2011

please let me know the time to file a cheque bounce from the darte of bounce of the cheque.

The cheque was bounced on 23-02-2011.

Shall I send a notice to defaulter or not required.

if required than tell someone why is is required.

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Selva Kumar (Expert)
27 February 2011

Notice is mandatory to send, because according to audi autem partem, if from the sight of notice itself, opponent may settled the matter.
after the cheque was bounced, notive have to issue within 30 days from the date of return memo demanding to settle the matter within 15 days,
when the opponent recived the notice, from which the statutory period runs upto 15 days to settle or defend
after the completition of 15 days, even he not come forward to settle the matter, the holder of cheque may file a complaint before appropriate court within 30 days.

if the same was filed after 30 days, the delay may be condoned by the magistrate for reasonable reasons.

Ajay Bansal (Expert)
27 February 2011

Agreed with Selva.

Advocate Bhartesh goyal (Expert)
27 February 2011

I do also agree with Mr Selva.



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