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Mahesh Yadav   16 November 2021

Can i bounce same cheque for three times

My client failed to deliver me a payment of 20 lacs. And I have his security cheque of same amount. I had deposited without informing client and it's bounced due to insufficient funds. I am again planning to bounce twice. 

So please suggest what will be proocess to send notice. Notice and claim amount will be same after three times bounce. It will create more problems to client if bounce for three times 

Please reply can I file case after first bounce or can I file after three time bounce. 



Learning

 9 Replies

Kevin Moses Paul   16 November 2021

As per your concern, I've tried to acknowledge all your doubts and have laid a descripttive information regarding all three of your doubts one by one, go through them in order to clear all the issues. Firstly, you can act as per you plan, as you can present the cheque again in the bank for payment, even if it was dishonoured on the first occasion.
However, remember that the cheque can be presented again in the bank only during the period of its validity.

Secondly, regarding the legal notice left me inform you that once the bank has return the cheque, you are required to send a letter (demand notice) within a period of 30 days of such bouncing to the party who wrote the cheque informing them that you will initiate proceedings under the Negotiable Instruments Act in case the amount is not paid within a stipulated period of time.

Thirdly, there's no need to get the cheque bounced again and again for three times, as an individual can sue u/s 138 of NIA, even when the cheque is bounced for the first time.

Now, lastly let me tell you that if in case a cheque bounces three time within a span of three months, than you have to send a legal notice to the other party within 30 days from the date of last memo for demanding the money within 15 days (as I've already discussed). However, if in case the payment is yet not made within the time slot then you can a file complaint against the party within 30 days or else you can also file a recovery suit in order to get the money.


Regards,
Kevin M. Paul

Advocate Bhartesh goyal (advocate)     17 November 2021

You can get bounced cheque many times but within validity of cheque period.It is your choice,you want to initiate cheque bounce proceedings after bouncing cheque first time or third time.You have to send notice within 30 days of dishonour of cheque.

G.L.N. Prasad (Retired employee.)     17 November 2021

You can use the number of times the presentation was at the request of drawer and assurance. by him in the notice.

There is no need to inform the drawer and it is the responsibility of the drawer to keep sufficient balance on that date of the cheque.

Take all precautions and get the notice drafted by an advocate as you are stating that it is a security cheque and handwriting may not be in the drawer's hand.

Kishor Mehta (CEO)     17 November 2021

It is mandatory to file a case within one month of the date of the receipt of Banker's information of the cheque having bounced, you may forfeit your claim of filing a cheque bouncing case if you wait for futher trials of submitting the cheque to the Bank for clearance.

Dr J C Vashista (Advocate)     18 November 2021

You can present the cheque any number of times during its validity which is 3 months (now).

Mahesh Yadav   19 November 2021

Originally posted by : Dr J C Vashista

You can present the cheque any number of times during its validity which is 3 months (now).

Thanks for your reply.

Can I get any benefits for bouncing number of times in validity period ? More charges will be file against cheque issuing party or can I proceed to file a case after first bounce ?

Please let me know.

Kishor Mehta (CEO)     19 November 2021

There is no benefit in number of times the cheque is bounced, you have to bear the Bank charges. You should file a recovery suit immediately after the first bounce. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 November 2021

When a cheque bounces there is a time limit within which you have to demand payment from the drawer of the cheque. If you present the cheque once again, it can be suspected that you are doing it to escape default on your part in demanding payment. NI-138 cases are already complicated and you could be adding to the complication.

Sudhir Kumar, Advocate (Advocate)     22 November 2021

can start process of notice only on single bouncing.


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