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NIRAJ (propreitor)     10 November 2014

Cheque bounce

can a dishonoured cheque be again presented after the validity period of the cheque date has expired



Learning

 3 Replies

Adv. Santosh K. Dubey (Advocate & Lead Attorney.)     10 November 2014

Dear, Normally a cheque is valid upto 90 days from the date mentioned on the cheque, if the cheque has been dishonoured within this period, it can still be represented.

Dalip Singh (Advocate)     10 November 2014

Dishonoured cheque cannot be  presented again after the validity period of the cheque date already expired.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     12 November 2014

Almost every bank gives a “cheque return memo” along with the returned cheque stating the reason for the bounce. If you hold the cheque, you need to inform this to the drawer and ask if you can represent it to the bank within the three month period. If cheque is dishonoured even the second time, then you can take legal action.

As a first step, you can send a legal notice to the defaulter within a period of 30 days from receiving the cheque return memo. The notice should contain all necessary facts of the matter, including the details of the first time the cheque was dishonoured. The defaulter needs to make a fresh payment within a period of 15 days from the receipt of this notice.

However, if he still doesn’t make the payment within this time period, you can file a complaint in the court. This case should be filed within a maximum period of one month from the date of expiry of the 15 days time period.


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