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Vamshidhar Reddy (Business Manager)     30 November 2011

Procedure to file case against cheque bounce

HI,

I have received a cheque and last month it got bounced. The issuer is not responding in any of the communication, now i want to file a case aganst the Cheque bounced, kindly let me know the procedure for the same.

Regards//

Vamshidhar Reddy



Learning

 13 Replies

Arif Iqbal (Advocate)     30 November 2011

you should first issue a registered notice to the cheque issuer within 15 days from the date of cheque bounce demanding payment of the cheque amount within 15 days of receipt of notice. If he fails then file case u/s 138 NI Act. You can contact me for further queries.

Vamshidhar Reddy (Business Manager)     01 December 2011

Mr. Arif Iqbal, thank you for your reply.

The cheque date was 8th Oct, 2011 and was deposited in bank on 28th Oct because of issuer request. It was bounced on the next day, now its almost one month finished from the date of cheque bounced.

should i go in the same procedure as above?

Vamshidhar Reddy (Business Manager)     01 December 2011

I have not issued any notice till now, kindly suggest what should i do on immediate basis?

Manish Sharma (Advocate)     01 December 2011

if you have not issued any notice then you can present the cheque again in the bank, and after cheque bounce then you can send legal notice.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 December 2011

Get the cheque bounced again, otherwise you have crossed limitation period.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Vamshidhar Reddy (Business Manager)     02 December 2011

thank you very much, i will get it done immediately

NOTTAM VENKATASAMY (Director Nottam Law Associates)     14 December 2011

1 FIRST YOU PRESENT THE CHEQUE FOR COLLECTION THROUGH BANK WITH IN THE PERIOD.

2. THE SAID CHEQUE WAS RETURNED WITH SOME ENDORSEMENT.

3.THAT INTIMATION WAS RECEIVED BY YOU THROUGH THE BANK THAT DATE ALSO COUNT YOUR DAYS.

4.WITHIN THE SAID DATE YOU SEND A STATUTORY NOTICE  TO BORROWER WITH IN THE SPAN OF 30 DAYS .

5.THAT LEGAL NOTICE SHOULD GIVE THE OPPORTUNITY TO THE SAID BORRIWER FOR REPAY THE AMOUNT WITHIN 15 DAYS.

6.IN CASE THE SAID BORROWER DID NOT PAY ANY AMOUNT, HE RECEIVED THE NOTICE ONLY YOU CAN SUE AGAINST THE BORROWER WITHIN THE TIME OF 30 DAYS

THIS IS THE PROCEDURE

NOTTAM VENKATASAMY (Director Nottam Law Associates)     14 December 2011

1 FIRST YOU PRESENT THE CHEQUE FOR COLLECTION THROUGH BANK WITH IN THE PERIOD.

2. THE SAID CHEQUE WAS RETURNED WITH SOME ENDORSEMENT.

3.THAT INTIMATION WAS RECEIVED BY YOU THROUGH THE BANK THAT DATE ALSO COUNT YOUR DAYS.

4.WITHIN THE SAID DATE YOU SEND A STATUTORY NOTICE  TO BORROWER WITH IN THE SPAN OF 30 DAYS .

5.THAT LEGAL NOTICE SHOULD GIVE THE OPPORTUNITY TO THE SAID BORRIWER FOR REPAY THE AMOUNT WITHIN 15 DAYS.

6.IN CASE THE SAID BORROWER DID NOT PAY ANY AMOUNT, HE RECEIVED THE NOTICE ONLY YOU CAN SUE AGAINST THE BORROWER WITHIN THE TIME OF 30 DAYS

THIS IS THE PROCEDURE

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 December 2011

Right Mr. Vankatswamy,

 

However the query is answered before too.

 

 

Regards,
 
Shonee Kapoor

Vamshidhar Reddy (Business Manager)     15 December 2011

thank you all for the advice, process is started.

sandeep gangwar (AUDITOR)     17 December 2011

 On the dishonour of cheque. you can file a suit for recovery of the amount under Order XXXVII of CPC. As you have stated that cheques were dishonoured few months back and you have issued no notice to the person bringing to their knowledge the dishonour of cheques and the life of the cheque is still valid which is usually six months from the date of issue. You please present the cheque again and on receipt of the information about the dishonour of the cheque you immediately issue notice within 30 days from the receipt of the information of dishonour of cheque to the person. If the company does not pay the amount within 30 days from the receipt of the notice, you can file complaint under Section 138 of the Negotiatble Instrument Act. The said complaint is to be filed within one month on the expiry of 30 days period of notice.

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     18 December 2011

 Afyter re depositing the cheque , Go to Advocate and issue a registered notice to the cheque issuer within 30 days from the date of cheque bounce demanding payment of the cheque amount within 15 days of receipt of notice.

Binayon (student)     28 February 2015

Mr. Venkataswami , i gave money of 50,000 rs to one person, when i ask to return the money, he said that he ransferred money thru nft and amount also debitted from his account but i did not receive any money, then he sent a msg, like which will come from the bank  that money is debited from his account. i told him to i didn't receive any money check in your bank. after one day he said that he will give cheque. and then the  cheque was bounced because of insufficient money.

he cheatted me twice , i dont know his present residence address  plz help me how to send the statutory notice to the borrower.


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