how to put a cheque bounce case


Hi.. Dear Experts Please give me guidlines for the problem stated.. The story is... me and my friend are buissnes partners we both running a bussisnes one fine day my partner to qiut the buissness ok then i told shre the porfit and loss and calaculate and gave cheque to me i dropped in to my account its bounce what shall i do Please suggest me...how to proceed further. The


 
Reply   
 
LAWYER-ADVOCATE

NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE NO.09325226691,09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE CHEQUE DISHONOURED KINDLY NOTE THAT

1.YOU COLLECT THE ORIGINAL CHEQUE ANDTWO  BANK MEMO GIVING REASON FOR DISHONOUR OF CHEQUE.ONE WILL BE FROM DEPOSITING BANK MEANS YOUR BANK AND ANOTHER WILL BE THE BANK OF YOUR PARTNER.

2.UNDER NEGOTIABLE INSTRUMENTS ACT. SECTION 138 ,YOU MUST ISSUE A NOTICE OF DISHONOUR OF CHEQUE MENTIONING ALL FACTS AND CHEQUE NO DATE AND AMOUNT AND NAME OF BANK AND  TRANSACTION FOR WHICH THE CHEQUE WAS ISSUED.YOU HAVE TO MENTION THE DATE OF DEPOSITING THE CHEQUE FOR CLEARING AND THE DATE OF DISHONOUR OF CHEQUE. IN YOUR NOTICE .

3.YOU HAVE TO DEMAND THE AMOUNT OF CHEQUE FROM THE PERSON BY SENDING LEGAL NOTICE BY REGISTERED POST A.D. AT THE ADDRESS OF THE PERSON WHO ISSUED THE CHEQUE WITHIN FIFTEEN DAYS OF DISHONOUR OF CHEQUE

4.IN CASE THE PERSON WHOSE CHEQUE WAS DISHONOURED  REPAYS THE ENTIRE AMOUNT OF CHEQUE WITHIN FIFTEEN DAYS FROM THE DATE OF SERVICE OF NOTICE ON HIM THEN THE MATTER ENDS..

5 BUT IN CASE THE DEFAULTER DID NOT REPAY WITHIN THE SAID LIMIT, A CRIMINAL CASE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT MUST BE FILED WITHIN A PERIOD OF 30 THIRTY  DAYS FROM THE DATE OF SAID PERIOD IS OVER.

KINDLY SEND DETAILS IN CASE YOU NEED ANY URGENT HELP

WITH BEST REGARDS

THANKING YOU 

YOURS SINCERELY

NANDKUMAR B.SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE 

 
Reply   
 


Advocate,Chennai

I have gone through your query.You have to send a legal notice as envisaged under the relevant proviso of N.I.Act and you have to wait for a period of 15 days from the date of service. If the drawer of the cheque fails to pay the amount within expiry of 15 days then the act of the defaulter attracts offence under sec 138 of N.I Act criminal action  can be launched against him. 

 
Reply   
 
Service

please find the attached file it will be useful to you.

Regads,

Monali



Attached File : 0 a check for cheques dt. 01.06.09.pdf downloaded 326 times
 
Reply   
 
Lawyer

I have a small rectification to Mr.Nandakumar's advice. The limitation period to send legal notice is 30 days from the date of dishonour and not 15 days from the date of dishonour.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu