brindha devi (house wife) 20 April 2013
Dear Experts,
my brother gave 1 lakh amount to his friend as hand loan later on to repay the amount his friend gave a cheque on 10th april 2013 but it is dishonoured and now he is not in india he went to singapore last week for his job.. kindly pls guide us to solve this problem.
Prashant Ghai (Advocate) (PrashantGhai.com) 20 April 2013
It is advisable that a demand notice should be sent to the correct address of the drawer of cheque (i.e., the person who issed the cheque to your brother) within 1 month from the date of dishonor of cheque in order to comply with the requirements as provided in Section 138 of The Negotiable Instruments Act, 1881.
Let the court issue summons/warrents to the accused.
RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 20 April 2013
Dear Author,
A Legal demand notice should be sent to thepresent and permanent address of the drawer of cheque (i.e., the person who issued the cheque to your brother) within 30 days from the date of information of dishonor of cheque in order to comply with the requirements as provided in Section 138 of The Negotiable Instruments Act, 1881. And thereby give him time of 15 days to pay back the cheque amount, if fails then your brother have to file a complaint wirh the court having proper jurisdiction. Let the Hon'ble Court issue the summons. For any type of further query u can call me at 9871158578.
RAKHI BUDHIRAJA, ADV.
BUDHIRAJA & ASSOCIATES
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