Dishonour of Cheque

Dear CA Sumit Agarwal

any language may be used in court but preferably in English. even if you know the procedure, you are not eligible to file the complaint before the megistrate. you have no option but have to hire an advocate

Dear CA Sahab,

M sorry to say that u have misunderstood/misinterpret the law. U have 30 days' time to send legal notice from the date of information of bouncing of the cheque. And once when u send that notice during this period for 15 days, that period of remaining days out of 30 days elaps automatically and the notice period would start. Suppose ur got information on 10/07/10 then u have 30 days for sending legal notice and 30 days i.e. up to 8/08/10 u can send legal notice not thereafter. And suppose u have send Legal Notice on 16/07/10 then ur remaining period upto 8th August would lapse and 15 days notice period would start from the date of receing of the legal notice to the other party. As per my knowledge ur limit of filing the case has already been elapsed. For further enquiry and help u can call me at 9871158578

Dear Waqeel Madam,

Thanks for your valuable comments, I think u have misunderstood what i said. For you, i am further clarifying the position:-

Cheque Issue Date : 8th May 2010

Cheque Deposition Date in Bank : 17th May 2010

Cheque Dishonour Date : 19th May 2010

Time Available with me to send notice u/s 138 : 30 days from 19th May 2010.

Notice Despatch Date : 16th June 2010 (Registered A.D.)

Notice Receipt Date by defaulters : 18th June 2010

"As per my understanding notice was mailed and received by them within the time limit"

Time within which the payment to be made to me as per N.I. Act : 15 days from 18th June 2010 i.e. 03rd July 2010.

As per my understanding the time limit of 30 days for filing a suit against the defaulters starts from 4th July 2010. So I think i have enough time left with me to file a suit against them.

Kindly let me know if i am correct. In either case it will increase my knowledge of law.

In case i m wrong, then i will again present the cheque in the bank for payment.

I further wanted to know that in case i again send them notice u/s 138, (though i know that it will supersede my earlier notice and this notice will prevail), whether it will be legally valid if i write the legal consequences of non payment and can i claim compensation for the time and energy (Mentally & Physically)  that i lost for recovering the amount. Further Can i file a case for fraud u/s 420 of IPC, and file a civil suit against them for compensation. and what all other actions can i take against those person?

Eagerly waiting for reply.

Regards

CA Sumit Aggarwal

Ph:9971444888

dear mr. Sumit. ur nolege of law is quite good. the limitation u have calculated rightly.

in india everybody is authorised to file his own case. so u r competent to contest ur case.

bt once a notice is issued under section 138 thn limitation will start, and there r authrities of supreme court that anather notice under section 138 not maintainable and ur limitation will be lapsed.

so whtever u wanna do just do in the limiataion of first notice. formate of 138 is also available on this website itself.

Mr.Sumit,  I would like to update you on your issue.  You are at some wrong  impression or wrong calculations.   Pl  check my below writeup for you.

Depositied on : 17th May 2010 ;  Dishonoured on : 19th May 2010

Time limit to issue Notice till 16/6/2010.

Date Notice  : 16th June 2010 (Registered A.D.)

Date of Receipt : 18th June 2010.

15 days count from 18th June. (it is not 3^rd Junly it is 2^nd July. In court matters each day counts)

The count down starts to file a case is from  3^rd July to 2^nd August.

You have opted  for issuing 138 Notice.  Once you start the procedure you cannot restart it again by depositing the cheque  after completion of 30 days and thereby you can issue a fresh notice.  Such notice is invalid.

If you loose  or fail to file the case within that 30 days, you cannot file Case under N.I.Act in your life time.   The option left over is only  to file a civil suit.

Next  in your case there is no provision for claiming compensation  for Mental or Physical or Both.  In civil suit you can claim for interest and  costs.

You cannot file a separate case for fraud.  You choose either to file criminal case U/Sec138 of N.I.Act along with 420 IPC or  Civil recovery suit.

Lastly you on your  own can file  and contest your own case for that  you have to take permission of the court  in writing.

Mr.R.G.Tigrania

The  law is very clear.   Before choosing  138 procedure  you can  present the cheque  umpteen times. Once you  issue the notice under register ed  post  to the  drawer  i.e  payer  your  meter is on.  

If you  fail to  file the case after issuing the 138 notice,    re present the cheque and re issue  a fresh notice  will not give any  fresh cause and your  chance gone to  file  cheque bounce case.

Thanks a lot Mr. Venkatkrishna.

I further wanted to know that i again presented the cheque in the bank and this time also the cheque gets bounced on 22nd July 2010.

As per your opinion, i cannot issue a fresh notice u/s 138 for criminal proceedings. Therefore i just wanted to know that since the time is still left for filing a case, can i file case now taking the basis of my first notice ( I have not issued any notice for 2nd time cheque bounce).

Thanks again for your valuable information.

regards

CA Sumit Aggarwal