notice period in sec138

Sameer (Querist) 21 October 2009 This query is : Resolved
is it mandatory to send notice wthin 1 month from the cheque bounce intimation from the bank to the holder of cheque. if not sent wthin one month then what remedy available to the holder.

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A V Vishal (Expert) 21 October 2009
No Remedy technically, unless you represent the cheque and it bounces back once again due to insufficient funds

Adv Archana Deshmukh (Expert) 21 October 2009
It is a mandatory provision and has to be complied with. If the cheque is within limitation of 6 months then, you can represent it and when it is dishounoured again, you can send the notice within 30 days.

Shivasurya (Expert) 21 October 2009
The learned experts Mr. Vishal and Adv Archana has given exact solution for the querry

niranjan (Expert) 21 October 2009
I would like to add that on return of cheque if you have not given the notice and if the cheue is valid upto six months, you may put it again for encashment and then notice within one month is tobe given on its return.

adv. rajeev ( rajoo ) (Expert) 21 October 2009
It is mandatory to issue the notice within one month from the date of receipt of bounced cheque.
If notice is not issued within the mandatory period then you will have to present the cheque for collection and if it is received for the same reasons then you will have to issue within one from the date of receipt upaid cheque from the bank.

KASI NAGESWARA RAO (Expert) 22 October 2009
one possibility is their pls approach your nearest criminal expert lawyer or send your number to my email id i.e.knp@advocatesap.com

GIRISH AGRAWAL (Expert) 23 October 2009
YOU CAN RE BOUNSED THAT CHEQUE ON INSUFFICINT OF FUNDS AND SEND LEGAL NOTICE WITHIN 30 DAYS.

Sameer (Querist) 23 October 2009
IF THE CHEQUE IS STOPPED BY THE DRAWER, AND ON THE FACE OF THE CHEQUE IS WRITTEN PAID BY CASH.

Sachin Bhatia (Expert) 23 October 2009
Yes is it mandatory to send notice wthin 1 month from the cheque bounce, if notice not sent wthin one month then you represent the cheque.

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