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G. Prakash (proprietor)     08 February 2014

Cheque bounce due to non cts

Dear All,


     One of my cheque was bounced even i've sufficient balance, but due to it is a non cts cheque.  i'm ready to pay the amount.  but the opposite party said that, he'll go to court and file a case u/s 138.  kindly inform me whether this type of cheque bounce comes under sec. 138

Thanks and regards,



 2 Replies

T. Kalaiselvan, Advocate (Advocate)     09 February 2014

Have you received a legal demand notice from the payee?, if so, you can express your willingness to settle the amount at a date and time convenient to him, if he is not listening to you, then within 15 days from the date of receipt of summons from court, you may visit the court and inform the court that you are ready to settle the cheque amount,  court will permit you to do it and will dismiss the case as settled.

Ajit Singh Cheema (practising Advocate)     09 February 2014

As you are ready to pay the amount of check ,so it is advisable to draw a fresh check and send it to the payee in lie of the earlier check .in the alternative you can also pay the amount in cash if the payee gives you the reciept of the amount. 



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