Section 138 NIA
Querist :
Anonymous
(Querist) 01 May 2010
This query is : Resolved
I have to file a case against a builder who is not paying my amount. I am very much confused about the time period for sending him notice after bounce of cheque received from bank and also time period for filing case if he does not pay or reply ? How much time builder can take for replying me before sending him notice ?
Gulshan Tanwar
(Expert) 01 May 2010
from the date of receipt of CRM/ knowledge of bouncing, within 30 days u have to send legal notice- wait for 15 days and on 16th day file the case before ACMM.
Parveen Kr. Aggarwal
(Expert) 01 May 2010
(a) The cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier.
(b) The payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice, in writing, to the drawer, of the cheque, within thirty days of the receipt of information by him from the bank regarding the return of the cheque as unpaid, and
(c) The drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice.
G. ARAVINTHAN
(Expert) 02 May 2010
if it not happened six months from date of cheque, then present it now. If it again bounce, then file 138 Complaint
