Demadn nottice -138 of negotiable inst.act
Mrs.n
(Querist) 23 September 2013
This query is : Resolved
Hello,
my query is
1) within how many days from the bank letter regarding dishonour of cheque , one should issue demand notice ?
2) and it is necessary that in such prescribed period demand notice should also be received or only just within prescribed period it is to be sent .receipt is immaterial ?
3) after receipt payee have to pay the amount within 15 days ? pls conform 15 days .
4) after failure to pay within 15 days . within how much period suit can be instituted ??
pls suggest
ajay sethi
(Expert) 23 September 2013
you have to send legal notice within period of 1 month from date of receipt of intimation from bank of dishonour of cheque.
he has to make payment within period of 15 days . if he fails to make payment within period of 15 days then you should file complaint within period of 1 month
Rajendra K Goyal
(Expert) 23 September 2013
Well advised by the expert, nothing more to add.
Sarvesh Kumar Sharma Advocate
(Expert) 24 September 2013
1.within Thirty days notice must
2. In notice 15 days period should mainten . 3.after receive ad. Or return notice you have thirty day period to file the case
Advocate Bhartesh goyal
(Expert) 25 September 2013
[1] Demand notice should be issued within 30 days[mandatory] from the receipt of cheque returning memo.
[2] 15 days demand notice should be sent in aforesaid period.
[3] If drawer fails to pay the cheque amount within 15 days of receipt of notice than cause of action arises to complainant to file complaint against him.
[4] complaint can be filed within 30 days from the expiry of afoersaid 15 days period.
