Cheque bounce
skn
(Querist) 27 July 2012
This query is : Resolved
Sirs,
One of our customers cheque bounced reasoning "Fund isufficient" with that effect we have wrtten a mail on same day of cheque bounce to pay the amount immediately.
But we have not given the writeen notice.
It passed 10 days of cheque bounce.
Is it necessary to give in writing or the email is considered as notice?
Deepak Nair
(Expert) 27 July 2012
You should send a notice in writing by registered post to the drawer of the cheque. Send the notice within 30 days from the date of dishonour of cheque.
ashutosh mishra
(Expert) 28 July 2012
Things in section 138 are a bit complicated.
Email must be treated as notice but many may argue that does not comply with ingredients of 138 which demand it to written and signed.
better send a written and signed notice also.
But file complaint with in time counting from the date of email to safeguard against surprising objections that defence side often advance.
Anirudh
(Expert) 28 July 2012
These acts are self-sought-after troubles.
Any way, such activities help in evolvement of the jurisprudence in this area of law.
ajay sethi
(Expert) 28 July 2012
better file a summary suit too inorder yo safeguard your interests
skn
(Querist) 29 August 2012
Dear Sirs,
Can we redeposit the bounced cheque without informing the person who has issued the cheque?
What are the consequencies?
ajay sethi
(Expert) 29 August 2012
you cna redeposit the cheques . please note that if you have already issued legal notice based on first bounce then you cant redposit any issue legal notice .
further validity of cheque is now 3 months
Guest
(Expert) 29 August 2012
I agree with the major part of the advice by Shri Sethi. But, I don't think there is any bar or harm in redeposit of the cheque even if notice has already been sent.
After all, notice is also sent for makes a demand for the payment of the said amount of money pertaining to the bounced cheque, if there is no intention to book him as a criminal offender but to get the dues cleared. On redeposit, cheque can also get cleared on getting sufficient balance in the account, if the intentions of the drawer are not bad.
skn
(Querist) 29 August 2012
Sirs,
Absolutely correct, we are concern to get our dues cleared. Hence will try the option of redeposit the cheque.
Thanks for your advise.
