SATEESH. D (HEAD -PROJECTS) 24 April 2023

Cheque bounce issue

Sir,

I was given two cheques by Jaya Construction. These cheques were given to me with the date of 30th August 2022. When I was about to put these two cheques, they asked to wait. Like this they dragged the dates up to December month. Later they replaced the cheques with another cheques with the date of 25th Dec 2022.

I presented these cheques three times in my bank with the gap of 7 days between each cheque deposition into my account. Three times I submitted and all the three times it got bounced. Now what to do? The last time the cheque bounce was happened on 21st March 2023.

Please suggest how to proceed further?

Sateesh D

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3 Replies

Dr J C Vashista (Advocate) 25 April 2023

What is the reason for dishonour of the subject cheque(s) ??

Show the cheques and memo of Bank to a local prudent lawyer for proper analyses, professional advise and necessary proceeding.

Advocate Bhartesh goyal (advocate) 25 April 2023

Since cheques were on 22 Dec 2022 and you could collect the payments of the said cheques within three months of its issuance date.you deposited the said cheques multiple times for collection of payments and lastly on 22-03-2023 but due to dishounrance of cheques payments could not received to you and thereafter you did not initiate legal proceedings but you kept mum.you had to issue notice to drawer after dishonourance of cheques within 30 days but you didn't . Now you can't initiate cheque bouncing proceedings as you have not complied the mandatory provisions of N.I.Act.

P. Venu (Advocate) 26 April 2023

Facts posted suggest that, because of delay, you cannot initiate criminal action under Section 138 of the NI Act. However, you have the option for pursuing a civil action.