Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Dishonour cheque

Querist : Anonymous (Querist) 10 April 2010 This query is : Resolved 
DEAR ALL
I have three queries related with dishonour cheque

A builder gave me a cheque for Rs.194149/-dated 31st January 10. He requested me not to present in the bank for clearing till 31st March 10 as he has some funds problems. After 31st March 10 he made several promises to pay my payment by 10th April 10. Now again he is saying me to wait for 30th April 10 & promises to give me pay order on 30th APRIL 10.

My queries are

(1) I have presented cheque in bank which returned back with remark `Insufficent Fund` on 3rd April 10. Can I present the same cheque again in the bank if he does`nt pay my payment by 30th April 10.
( I have not sent any notice in writing to Builder)

(2) What is the actual validity of a cheque ? The issued cheque is of STANDARD CHARTERED BANK. I have listened that some cheques are valid for 3 months also.

Is there any identification mark on cheques which are valid for 3 months.

(3) Can I file FIR in police or EOW alongwith sending him notice for dishonouring of cheque in future if he does`nt give me payment?

(4) After dishonour of cheque, Upto what time period a notice can be sent to builder ?
yogesh bawiskar (Expert) 10 April 2010
1] you have presented same cheque again bank. 2]cheque vailadity is six month only. 3]you can filed 420 of ipc in FIR and also N.I. act and a recovery suit also.4]dishonour of cheque you can sent a notice with in one month .
Arvind Singh Chauhan (Expert) 10 April 2010
You should not wait otherwise matter would be time barred. You should issue notice to him before 3-4-2010. Within this period you may inquire about the fund in concerned account. You can lodge FIR for 420 IPC but can't for 138 NI Act.
Surender Dhull (Expert) 10 April 2010
there is limitaion of 6 months of cheque means that the holder can presnt the cheque unlimited time within the validity period of cheque. there is limitaiton to sent the Notice within 30 days from the date of receipt of Memo of Insufficient Funds. It is very Important to know that if the holder has sent the Notice then amount to proceeinngs inititated agaisnt the accused means that further the cheque can be again presented but later on subsiquent insufficient funds information, the proceedings cannot be initiated.
If notice has sent and furhter if the holder did not file the Complaint Case under section 138 then the complaint case would be dismissed only on this ground.
H. S. Thukral (Expert) 11 April 2010
The validity of cheque is written on the face of it. There are some cheques valid for three months only. A cheque should be presented within its validity period to attract the provisions of sec 138 of NIA.

Coming to your case first go through the validity period mentioned on the cheque usually it is on top right hand corner. If it is for three months then donot wait till 30 April because the cheque shall become useless. There is time to represent the cheque before 30 April, do it, and on its return unpaid issue a notice within a month. This time will also give you an opportunity to check whether the builder means what he says about payment on 30th April. ( in the given circumstance your notice can be dated in first week of May) File complaint within 44 days from the date of issuance of notice.


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