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Prashantha (Self Business)     17 July 2013

Post cheque bounce

Have received a cheque towards legal liability dated 5.4.2013. Presenting the cheque bounced due to insufficient fund. Next few days mututual discussions took place and came to understanding that payment will be made by giving another cheque in the month of 6/2013. This understanding is on paper. After several weeks also they have failed to honor words. Since the time-limit on the earlier bounced cheque 5.4.2013 expires on 4.7.2013, we had re-presented the cheque again and bounced due to insufficient fund.

Now the question is, in between the cheque presentation dates 5.4.2013 and 4.7.2013, their is an understanding on the paper agreeing the liability, new payment terms, interests payable, legal actions to be initiated incase of failure of payments, etc... which was signed by drawer of the cheque. Filing an NI case, if drawer rejects having issued the cheque that bounced, does this understanding on the paper which was signed by drawer of the cheque supports our case? how important role can this document be in absence of all other evidences. Help requested to understand the stages.

Thanx.



Learning

 2 Replies

R Trivedi (advocate.dma@gmail.com)     17 July 2013

First send a notice (draft available) to the drawer within 30 days.. No need to mention all such details in notice. Although counsel is not required at this stage but taking counsel help is advised.

Rajinder Singh Bhalla (Proprietor)     17 March 2015

NI case can be filed within time prescribed. Additional agreement will not come into picture since there is breach of agreement in that as well.

For breach of second agreement the penalty amount should go up/


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