cheque bounce


with in how many days ,we need to file a cheque bounce case .please explain me somebody for details

 
Reply   
 
XYZ

 

In case of dishonour of a cheque, a suit for recovery of the cheque amount along with the cost & interest under order XXXVII of Code of Civil Procedure 1908 can be filed.

A criminal complaint under section 138 of Negotiable Instrument Act can be filed. But you need to issue a notice, before filing the said complaint within 30 days from the receipt of the information of dishonour of cheque to the accused. If the accused does not pay the amount within 30 days from the receipt of the notice, you can file complain within one month on the expiry of 30 days period of notice time.

 
Reply   
 


Advocate 98410 53790

The first thing u have to do is to send a legal notice - so kindly contact a lawyer.

 
Reply   
 

Ido also agree with the opinion of Mr. Raja

Vishnu P. Srivastava Advocate

 
Reply   
 
proffessional

agree with Mr. RAJA

 
Reply   
 
Advocate

Cause of action arise for making complaint under Section 138 of the NIA only after the expiry of 15 days of receipt of demand notice and it will not arise on the date of denial of liability. Since the legislature in its wisdom intended that the complaint should be filed within one month from the date of cause of action application of section 5 of the Limitation act was not made applicable.

 
Reply   
 
XYZ

i am sorry. you are correct. please read as 15 days. thanks.

 
Reply   
 

Dear Mr. Jayakumar,

First You need to send a Notice to Issuer to Honor the commitment. This is mandatory and from the date of Receipt of this notice the Issuer has 15 Days to pay the money otherwise you can file a complaint in JMFC court of suitable Jurisdiction. This complaint has to be within 30 days of the sending of this Notice. If it is beyond that date you need to file a letter for condonation of delay otherwise the Hon'ble court may not accept your case.

Regards,

Vivek

 
Reply   
 
interior design student

i had given money to my freind for his business purpose for 6month & he given me PDC cheque ...after 6 month when i deposited that cheque in my A/c the cheque get bounce & in memo its appears STOP PAYMENT he cheated me ...can anybody help me wat should i do...n ha 1 more thing i dont have IT return can court ask me for my soure of income???

 
Reply   
 
POWER OF DEFENSE IS IMMENSE

very defficult to get any relief in time so try to settle personally.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu