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Shaher yar   30 September 2024

Multiple cheque bounce

Hello 

My client recieved 9 cheques from his customer. 8 cheques have bounced. 9th cheque is due after 2 months. 

My query is do i have to issue a legal notice for 8 dishonored cheques and file 138 complaint w.r.t 8 cheques and file a separate complaint for 9th cheque after 2 months? 

How to proceed? Please guide 



 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     30 September 2024

Your client can issue a single legal notice for all 9 cheques, including the 8 dishonored cheques and the 9th cheque, which is due after 2 months. This notice should be issued under Section 138 of the Negotiable Instruments Act, 1881. After issuing the notice, your client can file a single complaint under Section 138 for all 9 cheques. However, the complaint should be filed within 30 days of the notice period expiring. It's important to note that the complainant must specify the exact amount of each cheque, the date of presentation, and the date of dishonor in the complaint. Additionally, the complainant should also attach the relevant documents, such as the cheques, bank memos, and legal notice. It's recommended to consult with a lawyer to ensure the notice and complaint are properly drafted and filed. Here's a general outline of the steps: 1. Issue a single legal notice for all 9 cheques under Section 138. 2. Wait for the notice period to expire (usually 30 days). 3. File a single complaint under Section 138 for all 9 cheques within 30 days of the notice period expiring. 4. Ensure the complaint includes the necessary details and attachments. Please consult with a lawyer for specific guidance on this matter.

Vanshaj Rai   30 September 2024

See if cheque is bouncing you should check the elasticity of the material. Some banks use cheap paper for producing their Cheque-books which result in them bouncing even if the sender's account has funds. 

You should file an FIR against the bank for playing with the cheques you submit and disrespecting you under 5th Amendment rights of the Indian Constitutiton of India. 

 

Regards

Muhammad Al-Kabab Hussain Shaikh Abdul Hamza Kaif Mashallah 

Muhammad, Muhammad and sons

Contact: 6203340936

T. Kalaiselvan, Advocate (Advocate)     30 September 2024

The offence reportedly committed through 8 bounced cheques only, hence you may not be able to include the cheque which has not even been deposited yet.

Inclusion of the 9th cheque may be a fatal to main case also.

Advocate Bhartesh goyal (advocate)     30 September 2024

Yes you can't issue notice for 9th cheque for dishonour which has not been presented for encashment in bank, issue notice for  dishonoured  cheques only.


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