As per n i act i can give the notice for the cheque return

vishnukumar gandhee (Querist) 07 October 2012 This query is : Resolved
sir
i have one cheque of 160000 and dated on that cheque is 30/06/2012 i deposited it on 29/09/2012 and next day there was a bank closing day
cheque is return with memo that unsufficent fund or post dated cheque not entitled to clear

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V R SHROFF (Expert) 07 October 2012
Query not clear
The reason for return is
[1] insufficiency fund
OR
[2] post dated cheque not entitled to clear

or both ??
If [1] u can issue notice
if [2] u cannot, but can file civil suit to recover amt.

IS IT OR / AND ???

vishnukumar gandhee (Querist) 07 October 2012
both reason mentioned in memo

but my question is there problem for 3 months cheque validity and bank holiday might have problem for us or not

V R SHROFF (Expert) 07 October 2012
ISSUE NOTICE.
Only mention insufficient fund. 30/6/12 was saturday, and not holiday.
Let op reply.

Advocate Bhartesh goyal (Expert) 07 October 2012
Issue notice to accused on the ground of "insufficient funds"

vishnukumar gandhee (Querist) 07 October 2012
ok sir thanks i am prctising in ahmedabad thank you very much i have posted another query for cancellation of sale deed and what is the time limit for suit

R.K Nanda (Expert) 07 October 2012
u deposited cheque within 3 months period

and bank holiday on next day will not have

any problem for u.

malipeddi jaggarao (Expert) 08 October 2012
When the cheque is dated 30.06.12 and you have presented on 29.9.12, how the banker can say posted cheque? The reason itself is wrong.

Since 3 months are over, you can not present it again. However,

Insufficient funds - will entitle for action under Sec.138 of NI Act.

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