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jitendrakumar   26 April 2015

Cheque bounce

Hi,

I would like to know that if cheque is bounced twice. Whether need to FIR in police station or consult to advocate to send legal notice. 

If I consult to ploice station, what will be action from police?

If I consult to advocate and if he didnt settlement. FIR will be happened in police station. what police does?

If two cheque are bounced whether two FIR or two legal notice to be sent.

Could you please suugest on these. Waiting for your all responses to get my clarifications?

Thanks,

Jitendra



Learning

 3 Replies

saravanan s (legal advisor)     26 April 2015

send a legal notice with a copy of the cheque return memo issued by the bank and this has to be done within fifteen days from the date the cheque memo was issued.the defaulter has to oblige by sending a dd for the amount specified within fifteen days of recieving the notice.if he fails then you can file a case u/s 138 nia for cheque bounce

you can also file a case for cheating u/s 420 ipc or a summary suit

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     26 April 2015

Do you mean to say that you presented the cheque once, it bounced and you presented the same cheque once again and it bounced again. What was the reason for the second presentation of the cheque. The law says that you have to send notice to the drawer of the cheque within 15 days of return of the cheque by your bank. The law is silent on the issue of presenting the same cheque again and again. I do not think that presenting the cheque again and again will vitiate your claim. If you were issued two cheques by the same person and the cumulative amount was due from him you can take action on both the cheques together.

Mohammed Mujeeb (Advocate)     26 April 2015

Agree with Dr Ramani The cheque can be renounced as some borrowers buy time on the pretext that they will put in funds in account. However,they don't ensure funds second time. As they buy time the action become infructious. Therefore it is advisable to bounce in again and send notice within 15 days Two cheques can be clubbed for same case

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