asif 31 January 2017

Cheque bounce legal notice ni act u/s138

I am having a cheque dishonored 3 days before, reason mention in bank memo is alteration required in date by drawer. The person who issued the cheque had written date in such a way that cheque should not honor and bank should mention reason relates to date for not honoring cheque. my question is that can I serve him notice under section 138 NI act. kindly advise

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3 Replies

shrenik (lawyer) 21 February 2017

get the cheques changed

Bhaskaran Advocate (Lawyer) 07 May 2017

No cheque bounce case can be made out of this.

(Guest)

You will have to get the cheque replaced. You should be deligent whenever you receive a cheque. Since, the date mentioned on the cheque is an old date, in the eyes of law, it will be considered as a stale cheque which is not within the validity period.

Thus, there will be no use of sending any notice as contemplated u/s 38 of the N.I. Act.