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Prakash R   13 December 2016

Check Dishonored Query - Need Help

Hello Everyone,

A builder has issued a cheque to me on 30th September amounting to Rs.5 Lakhs which got bounced on 1st October. So as per the procedure I send the legal notice to the builder on 25th October. He didn't replied to my notice within 15 days but I failed to file a case within 30 days but Check's validity is for 3 months. 

Can I again deposit the check in the bank as it is still valid and if it again gets dishonored, can I issue a new notice to the builder and start the procedure of filing a case?

Please help me out.

Thank You.



Learning

 6 Replies

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     14 December 2016

Yes, You can..But again you need to mention in your complaint why you did not file case earlier, as Time is essence and you need to act within 15 days AFTER the notice.

1 Like

G.L.N. Prasad (Retired employee.)     14 December 2016

Presenting the cheque once again is not a crime, but giving further opportunity to the drawer.

Please present it as immediately as possible before the cheque becomes stale.

Prepare all complaint/case immediately after notice issued, so that by making alterations you can file the suit after stipulated time.

1 Like

Ms.Usha Kapoor (CEO)     14 December 2016

Second time you can file. but  act quickly. Time is the essence.As Stated a above you'll have to  esxpalin  why you've not filed  the check within the prescibed time.earlier?Issue a legal notice to the drawyer. If you dont receive a reply inform the drawyer and bank. After that within 1 monthyou'll have to initiate legal proceedings.If you appreciate this answer please give me all my profilelikes.

1 Like

Prakash R   14 December 2016

Thank you very much for the reply everyone.

Builder has given me a guarantee that he will pay me the money in the 2nd week of January, So I wanted to give him some time to arrange for the money amid the demonetization as per his words. That is why I didn't file a case in the first instance.

I read about MSR Leathers Vs. S. Palaniappan conclusion which says one can produce cheque for the second time and file a notice but what I lack is the qualification to comprehend the judgement.

So I was thinking that if I again deposit the check on 16th December, 2016 I get time upto 17th January to send him a fresh notice u/s 138 but I need your expert advise.

I need your learned advise so I can take my decision accordingly.

I really appreciate your advise friends. Thanks once again.

Law Aspire (Legal)     29 December 2016

Ms. Usha Kapoor  Please explain in detail why the fresh notice needs  to contain the previous happenings of the event , the reason of not filing complaint within 30 days

G.L.N. Prasad (Retired employee.)     29 December 2016

In view of the assurance given by the drawer, the payee can present any number of times during the currency of the cheque, if the reason for return is not "Drawer Countermanded payment"  or "Payment stopped by drawer".


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