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Cheque bounce

(Querist) 09 June 2014 This query is : Resolved 
Hi, I received a cheque from a person who was legally liable to make the payment to me, and that cheque got bounced reason being account already closed. I served him notice within 30 days u/s 138 of negotiable instrument act but he reply with his absurd notice like i have stolen his cheque and he doest have any liability this and that, means he has no defense but all non-sense. and ask me to withdraw my notice , but i didnt withdraw, But when i received the notice i had very urgent work for that i could not reply his notice, its now been approx 1 Month 10 days , can i make reply to his notice now and ask for my money?

please advice, thanks in advance.
ajay sethi (Expert) 09 June 2014
file complaint for cheque bouncing now .
Arun (Querist) 09 June 2014
No, that i have done within 30 days, but the person come with reply that i have stolen the cheque and and he was not legally liable now i want to reply that with proofs that i am legally liable to get the cheque and i have not stolen the cheque etc.
V R SHROFF (Expert) 09 June 2014
just file complaint in court immediately. no need to reply.
or reply if you wish, but first file complaint within 45 days of his receiving your notice. do not delay further.
Arun (Querist) 09 June 2014
Ok, i got , you means file complaint that is step forward of issuing notice, shall i eligibile to do that now?
Arun (Querist) 09 June 2014
Thanks Mr. Shorff, but what if even 45 days has passed?
M.Sheik Mohammed Ali (Expert) 09 June 2014
if you passed 45 days then you can file along with complaint.
Nadeem Qureshi (Expert) 09 June 2014
Dear Arun
after 45 days from the receipt of the notice sent by you to him you can not file a complaint u/s 138 of N.I.Act.
you can file civil suit for recovery only under order 37 of CPC before civil court and you have to pay court fee too.
Advocate Bhartesh goyal (Expert) 09 June 2014
I do agree with Mr Nadeem Qureshi,now your complaint will be time barred.you could file the complaint within 45 days of arising cause of action.


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