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{Balu manikantan} SUBRAMANYAM (Practising Advocate)     06 February 2021

Maintainability of complaint for bounce of two cheques with 2 different payees in one notice.

statutory notice was issued to the drawer by two payees against two dishonoured cheques in single notice. whether criminal complaint under 138 n i act is maintainable against the accused.


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 1 Replies

Nirali Nayak   03 June 2021

Hello sir, greetings of the day.
As per your query, when a cheque is dishonored, the payee has to sent the notice to the drawer with 30 days from the date when he received the cheque return memo from the bank. The notice should mention the cheque amount that has to be paid to the payee within 15 days from the date of receipt of the notice by the drawer. Dishonor of cheque was considered to be an offence in the year 1988, with the insertion of Chapter XVII in the Negotiable Instruments Act, 1881. The person issuing the dishonored cheque can be punished with imprisonment up to 2 years or with fine, which may extend to twice the amount of the cheque or with both. Although it was given that the notice under section 138 of N.I. Act is required to be served on the accused within 30 days of intimation of dishonor of cheque but no specific format was prescribed for it.
Hope this helps.
Regards
Nirali Nayak
Law Student


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