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cheque bouns

(Querist) 24 November 2010 This query is : Resolved 
what i can do if cheque bouns
A V Vishal (Expert) 24 November 2010
1- Notice should be given to the payer within 1 month of the dishonor of the cheque.
2- After notice, 15 days should be given to the payer for payment.
3- If the payment is not made within 15 days by a payer, a suit can be filed in the court with in one month after the 15 days notice period.
4- Period of notice is necessary before a suit can be instituted.

Kiran Kumar (Expert) 24 November 2010
so send the notice soon and proceed thereafter as advised above.
Advocate Bhartesh goyal (Expert) 24 November 2010
Firstly payee should issue a notice to payer within 30 days from the day of dishonour of cheque and demand the cheque amount by giving him 15 days time to make payment.If payer does not make the payment within the given 15 days period then payee has to file a complaint in the competent court within 30 days from the expiry of above 15 days under section 138 of Negotiable Instrument Act.
Kirti Kar Tripathi (Expert) 25 November 2010
agree with experts. Bhartesh has explained in full.
nikhil (Querist) 25 November 2010
given the notice when the cheque 1st time bouns
or all three times the cheque bouns
Ayantika Mondal (Expert) 25 November 2010
if it is for different cheques u can send seperate notices and quote the cheque numbers.
Arun Kumar Bhagat (Expert) 25 November 2010
query is replied.
Sri Vijayan.A (Expert) 26 November 2010
On first time bounce itself, u can send notice. If u could not proceed within 30 days from the date of bounce u may represent the cheque.

The other option, for the time elapsed cases, u may file suit for money recovery.
nikhil (Querist) 26 November 2010
time period of 30 days will start after 3rd time cheque bouns ? aur it will start from 1st time cheque bouns
Arun Kumar Bhagat (Expert) 27 November 2010
Fron the last dishonour.
nikhil (Querist) 27 November 2010
after 3rd time cheque bouns na.
if there is a gap between 30 days after 1st and 3rd time cheque bouns. can we start 30 days from 3rd time cheque bouns
Advocate. Arunagiri (Expert) 27 November 2010
If the cheque bounces for the 1st time, if you issue notice for that, you have the choice of filing the case only.
After sending the notice, you can not represent the cheque and issue another notice. Notice can be issued for that cheque only once.
Khaleel Ahmed (Expert) 01 December 2010
well advised.


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