Cheque bounced

Dear Shobit,

have u sent a notice, the time depends on how early the other party settles, if there is no settlement then 2-3 years is avg time.

Regards,

Adv. Nitish Banka

9891549997

Hi,

In case of the issue of dishonor of cheque, as per the provisions of Negotiable instrument Act 1881 Sec. 138, If your cheque is dishonoured by the drawer, you have to send him a demand notice in writing within the period of 30 days from the receipt of information about the cheque dishonored and the notice should be to pay the money within 15 days from the receipt of such notice. And if he fails to pay such amount within the period of 15 days then you have to file a suit against him within the period of 30 days from the end of the notice period. You can also file a criminal complaint against him, but we have to see the reason of dishonor of the cheque mentioned by the bank.. such as cheque bounced due to insufficiant funds or payment stopped by the drawer or account closed etc.

Its good that you have sent him a notice, but also refer these limitation provisions for the same.

Adv. Yogen Kakade

Pune

juryconincorporation@gmail.com

www.juryconn.in 

hi ,

my dad received a post dated cheque of rs.25000 from his friend who had borrrowed for some work.but 10 days prior to the cheque date the person died.now how can the cheque be encashed or shall i deposit the cheque on the date given on the cheque for clearance.can there be any problem from the bank side's. or what should one do in this scenario.

The death of drawer of the cheque terminates the contract.  If the death is in your knowledge based on some recorded evidence, then you can proceed against drawers heirs.  If not, you may present through your collecting banker, who will present the cheque and return with return memo with the reasons recorded in writing for your future claim dues.