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Cheque Bounce

(Querist) 22 April 2010 This query is : Resolved 
A family friend has taken a loan of Rs 2.5 Lakhs from me and my wife for just 5 days to overcome some crisis.
The money was transferred through Bank Transfer from my wife account to the person's company account - he is the owner of the company.
Now the person has sent us a cheque as repayment but that cheque has bounced.
I have told him about this over email which he acknowledged and asking for more time.

I want to know if notice in form of email is sufficient for any legal proceedings in future or do we need to send Registered letter?
Also what is the time within which I need to send the notice after bank informed me that the cheque has bounced due to insufficient fund?

Thanks in advance
Suryanarayana Tangirala (Expert) 23 April 2010
One has to issue a legal notice it is mandatory 15days time has to be given asking him to payback the amount under the dishonoured cheque within 30 days from date of receipt of dishonour memo from banker such notice has to issued giving him 15days time. u need a lawyer why dont u let a professional do his work than u doing things with half knowledge!!
Akhilesh Kumar (Expert) 23 April 2010
you have to give a Notice by Registered Post with AD. Email will be considered to the some extent but it would be better for you to send a legal notice and give fifteen days time.It is criminal offence and punishable u/s 138 of NI Act.You will have to file a complaint before the court.

I do agree with Mr. Surya narayan that you should consult or take services of lawyer.
Deepak Niranjan (Querist) 23 April 2010
Thanks you so much for your kind replies, Suryanarayana and Akhilesh.
I will definetely consult a legal expert to draft the notice.
My query are:
1. how many days I have since I got the dishonour letter from Bank to send the notice?
2. In case the person refuses to receive the Registered A/D letter, what would be my options?
K.C.Suresh (Expert) 23 April 2010
Email msg is accepted. But who send the mail is in dispute. To that part Email is not acceptable as evidence. The contents of the email notice, the sending email id can be taken as evidence But who send it there is no presumption unless you have a concrete evidence. What evidence you have Mr Deepak?
Deepak Niranjan (Querist) 23 April 2010
The money was taken by a couple who runs a firm on their own.
The money was transferred to their firm's account and the cheque that was bounced was also signed by both as 'Managing Partners' of the firm.

The email that I sent as notice was from my own personal email address to their email address in their firm's email domain. e.g. @. I sent it to both husband and wife's email addresses.

I have received the reply from the wife from their firm's email id.
Will that count as concrete evidence, Mr Suresh ?

And thanks for helping me.
Uma parameswaran (Expert) 23 April 2010
Email msg could not accept as direct evidence.
Deepak Niranjan (Querist) 05 May 2010
I have taken help of an advocate to send the legal notice.
The advocate told me after 15 days of notice period if they dont pay back, I can file a case.

My question is after the notice period is over, how long can I wait to file the case ? e.g. if I don't want to file a case immediately, can I wait till 6months to file it ?
Thanks in advance.


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