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Manish Kumar Gupta (Deputy Legal Manager)     18 April 2009

Presentation of a cheque after notice for a dishonour

Dear All, Please suggest can we present a cheque again in bank, if once we have given notice to respondent for payments by advocate. Regards, Manish.


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 11 Replies

laknareddy yanala (legal consultant)     18 April 2009

You can, if no reply is received or no case is filed. Again you can issue fresh notice if it is dishonoured  and file the case under section 138 N I Act.

laknareddy yanala (legal consultant)     18 April 2009

You can, if no reply is received or no case is filed. Again you can issue fresh notice if it is dishonoured  and file the case under section 138 N I Act.

Rakesh Shekhawat (Advocate)     18 April 2009

No my dear not at all. Once you give a notice and Payment not made, Complaint can't filed on the basis of second notice. Complaint is not maintainable even though complaint is within limitation from the first accrual of cause of action, as the same is not pleaded and complaint is filed pleading accrual of cause of action for the second time.

You can look  decisions of the Honorable Supreme Court.

2005(2) Apex Court Judgments 679 (S.C.) : 2005(2) Civil Court Cases 546 (S.C.)
M/s.Pram Chand Vijay Kumar Vs Yash Pal Singh & Anr.
Negotiable Instruments Act, 1881, Section 138 - Dishonour of cheque - Notice issued - Drawer sought some time to make the payment - On request of drawer cheque again presented - Cheque again dishonoured - Notice issued and on failure to make the payment complaint filed - Cause of action accrues only once - Complaint on the basis of dishonour of cheque for the second time is not maintainable.

1 Like

Rakesh Shekhawat (Advocate)     18 April 2009

Mr. Laknareddy yanala this is very reputed forum. Please don't give answer until you are not sure.

Rakesh Shekhawat (Advocate)     18 April 2009

Dear Manish as far cheque is concerned there are no bar for represent the instrument in bank after given notice. Cheque can be presented any number of times within a period of six months of the date of its issuance  .

Prakash Yedhula (Lawyer)     18 April 2009

A cheque can be presented any number of times before its validity. However, a complaint for dishonour of cheque can be filed only on the first notice. Since on failure of the drawee to pay the cheque amount, the cause of action to institute the complaint arises, the complaint cannot be presented on the second cheque.

1 Like

Bhaskaran Advocate (Lawyer)     08 June 2009

You can represent the cheque provided the borrower has not received your notice.   Even U.C.P.  should have been returned unserved along with the Registered covers.  

B.N.Rajamohamed (advocate / commissioner of oaths)     12 June 2009

 

 

Once the legal notice is sent the cheque remains a document for evidence of offence. It cannot be represented for collection . If the drawer upon receipt of the legal notice informs for representation by making a change of date on the face of the record it can be represented from the fresh date as changed with the consent of the drawer.

 

B.N.Rajamohamed (advocate / commissioner of oaths)     12 June 2009

 

Once the legal notice is sent the cheque remains a documentary evidence to prove the offence of dishonour by the drawer. No representation can be made unless the drawer upon receipt of the notice informs and permits you by making a change of date on the face of the instrument. On such circumstances the cheque shall be represented on the basis of the fresh date revalidating the instrument.


 

k.kumar raja (advocate)     14 June 2009

rakesh shekwat is correct.

Anil Chawla (Senior Partner)     28 March 2013

Supreme Court has effective changed the position that it had laid down in Prem Chand Vijay Kumar vs. Yash Pal Singh (decided on 02.05.2005) by the judgment in MSR Leathers Vs. Respondent: S. Palaniappan and Anr. (MANU/SC/0797/2012; decided on 26.09.2012). Now a cheque can be presented again and again even after the notice has been issued for bouncing first time. 


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