Negotiable Instruments Act

Querist : Anonymous (Querist) 04 October 2010 This query is : Resolved

A cheque is dishonoured for insufficient funds and the notice of dishonour has not been sent with the statutory period as required under the Act. In order to avail the recourse of filing complaint under 138 can the dishonoured cheque be represented again to obtain a cheque return memo and then serve a notice of dishonour within the validity period. Is there any case law of the Apex Court against it??

Pl. reply Sir urgently

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R.R. KRISHNAA (Expert) 04 October 2010
Dear anonymous,

Cheque can be presented any number of times within its validity.
Case law: 1993 LW (Crl) 627.

Best regards.,

s.subramanian (Expert) 04 October 2010
Since you have sent the notice on the dishonoured cheque,you cannot represent the same and give raise to a new cause of action. It has been disapproved by the Supreme court.

Rajeev kulshreshtha (Expert) 04 October 2010
before sending notice you can present cheque into any number of time with in validiti e.i. 6 months

Kirti Kar Tripathi (Expert) 04 October 2010
I agree with Mr. Krishna and Mr. Rajeev

Devajyoti Barman (Expert) 05 October 2010
Right. It could be presented more than once.

Advocate. Arunagiri (Expert) 05 October 2010
The cheque can be presented for any number of times within 6 months from the date of the cheque. So, you can represent the cheque and issue the notice.

DEFENSE ADVOCATE.-firmaction@g (Expert) 05 October 2010
There is divercity of opinion in this matter and so are citations.

The cheque was valid only for the date marked on it and this date was not extended by the issuer is valid defense under NI act, since NI ACT SAYS THAT CHEQUE IS VALID FOR SIX MONTHS OR TILL DATE OF VALIDITY WHICHEVER IS EARLIER.

PLEASE STRESS THE WORD EARLIER .

Uma parameswaran (Expert) 05 October 2010
YOu can represent the cheque and send notice .

pawan sharma (Expert) 05 October 2010
i agree with Mr.s.Subramanian.

V.Mahadevan (Expert) 05 October 2010
The N.I.Act (sections 138 to 1420 specify the time-frame for initiating action incase of dishonour.This is mandatory.
Repeated attempts to present the cheque within the validity period would afford no remedy.
mahadevan

M/s. Y-not legal services (Expert) 06 October 2010
Yes cheque can be represent how many times with in its validity.. But if once issued notice mean you can't send 2nd notice..

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