Notice after dishonour of cheque
vinod bansal
(Querist) 09 August 2009
This query is : Resolved
R/Members
Kindly tell me time limitation of sending a legal notice after dishonour of cheque i.e receiving of memo of dishonour of bank. Thanx
Kiran Kumar
(Expert) 09 August 2009
30 days, read S.138 (b) of the NI Act.
SANJAY DIXIT
(Expert) 09 August 2009
I agree with above views.
Its 30 days.
charudureja
(Expert) 09 August 2009
It is given in S 138 of N.I Act itself ie 30 days
mahendra rai jain
(Expert) 09 August 2009
30 days from receving of cheque return memo
Sarvesh Kumar Sharma Advocate
(Expert) 09 August 2009
my friend vinod bansal ji,
sir, u can send notice within 30 days of receiving the bank memo,in that notice u mention 15 days time to give the amount.
Jithendra.H.J
(Expert) 09 August 2009
the period of limitation is thirty days, accodring to some High court judgments the period of thirty days includes the day of recieving the memo from the bank.
Deekshitulu.V.S.R
(Expert) 10 August 2009
Mr Bansal
You have not gone thro the provisions of Sec. 138 of N.I.Act. Had you been, the present query would not have arisen. First of all make an effort through books and in case of doubt, this forum is there.
I am sorry if I hurt your feelings, but the legal profession is such. I do not advise spoon feeding.
ANTHONY REDDY
(Expert) 10 August 2009
30 days from the date of receiving memo
mintu
(Expert) 10 August 2009
Hi to all,
I agree with Mr.Deekshitulu's view. It is a fourum to express/discuss the topic that seems serious. The query like this can be asnwered with direction to see the sec 138 N I Act. The query may be diffucult for the persion by whom it is posted but being an advocate, one can answer with a direction to see the relevant section.
May I request to all the ld. kindly express you view on this issue.
thanks
mintu
vinjamuri ranga babu
(Expert) 10 August 2009
hi,
after dishonour of the cheque and when you receive the information from the bank and from thereonwards is 30days.
vr
Arul Kumar
(Expert) 10 August 2009
Hi,
Whenever a cheque has been issued to discharge a legally enforceable debt or liability has been dishonoured due to paucity of fund, the drawee or holder in due course must within 30 days of receiving information of dishonour, give 15 days time to make the payment. He shall be liable, if he fails to do so. In which case, the payee or holder in due course can make a complaint within 1 month of cause of action. A court not lower than that of the Metropolitan Magistrate or Judicial Magistrate of First Class shall try the matter.
PALNITKAR V.V.
(Expert) 10 August 2009
A layman may not be able to find out the provisions and may not be able to understand the proper meaning.So one need not call this to be spoon feeding. So far as reply is concerned, so many members have replied. Why not to close this as resolved.
SANDEEP GOYAL
(Expert) 11 August 2009
Dear Mr. Bansal,
view of all the members is correct the time limitation is 30 days u/s 138 of NI Act. i want to add one thing in this view, and is a general problem of all the person relating to the cheque dishonour.
if the said 30 days time period is over and we have not sent the legal notice. then is the remedy is over? now we cann't send the legal notice?
No. in these circumstances you deposit the cheque again in the bank. the bank will send you fresh memo with new date.
now limitation is increased for further 30 days. we can repeat this procedure.
Mr. Bansal I hope this is your expected answer.
SANDEEP GOYAL
LAWYER
MULLA & MULLA, MUMBAI
Sachin Bhatia
(Expert) 07 October 2009
30 days from receving of cheque return memo
Advocate SK Rohilla New Delhi
(Expert) 10 August 2009
