dishonored cheque

Querist : Anonymous (Querist) 25 November 2009 This query is : Resolved
dear sir
a cheque is dishonoured on 10.10.2008 by bank. cheque recived to party on 24.10.2008. party issue the legal notice 19.11.2008. dishonoured date and legal notice date difference is more than one month can party file a cirminal case .

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H. S. Thukral (Expert) 25 November 2009
Get a certificate from the bank that they returned the cheque only on 24-10-09. File a complaint showing cheque returned date as 24-10-09 only.

ESTHERPRIYA (Expert) 25 November 2009
You should issue legal notice about cheque dishonour within 15 days from the date of Return Memo issued by bank and give the other party 15 days time from the date of receipt of the legal notice to honour the amount. Then after such time you can take cognizance of the case in the concerned magistrate or criminal court.

prakash vathore (Expert) 25 November 2009
mr. harghajan sing thukral is right.

bail for all call-9811443969 (Expert) 25 November 2009
in negotiable instrument act the date of dishonour is material from the date of dishonour you get 15 days to issue legal notice and then 18(15+3)here 3 days given for the sevice(if AD is not received ) and 15 days for the reply of legal notice. than again after expiry of 18days you get 30 days to file the case. this means that the actual days you have is 15+15+30=60days for filing a case

H. S. Thukral (Expert) 25 November 2009
The query of the author is that whether it is date of dishonour or date of information by the bank regarding cheque being unpaid, valid for issuance of notice within 30 days. The law is clear it is within 30 days of receipt of INFORMATION BY THE PAYEE. AND PADAMPRIYA AND PANDEY JI IT IS NOT 15 DAYS BUT 30 DAYS TIME TO ISSUE THE NOTICE DEMANDING CHEQUE AMOUNT FROM THE DATE OF INFORMATION FROM THE BANK.

GIRISH AGRAWAL (Expert) 25 November 2009
YESSSSSSSSSSSSSSSS

(1) CHEQUE DISHONOUR 10-10-2009
(2) RECEIPT OF INFORMATION FROM BANK REGARDING THE RETURN OF THE CHEQUE AS UNPAID -24-10-2009

(3) YOU WILL SEND A LEGAL DEMAND NOTIC WITHI IN THIRTY DAYS FROM RECEIPT BANK INFORMATION (BETWEEN 24-10-2009 TO 22-11-2009)

(4) PARTY ISSUE LEGAL NOTICE- 19-11-2009

YOU MAY FILE CRIMINAL CASE AFTER 15 DAYS OF THE DATE OF NOTICE SERVE DRQWER OF CHEQUE
GIRISH AGRAWAL(ADVOCATE)

Raj Kumar Makkad (Expert) 25 November 2009
Mr. R. Siva, Padampriya, Apurva and Girish!

You all please read the Negotiable Instruments Act section 138 again. All learned experts the act has been changed and this change has also taken place many years ago vide which the notice can be issued within 30 days of intimation of dishonour of cheque and not 15 days as described by you all repeatedly one by other.

In the given case the complainant has still time to issue the notice and then file the complaint. No loss has ocurred in the given circumstances.

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