Upgrad LLM

cheque payment stopped by debtor


We have been issued two cheque from our customer as pdc and same were presented into bank after 20 days of cheque date nd same were returned by his bank unpaid with note "Payment stopped by drawer"  we did try to contact the said customer by email but his replies were not satifactory.finally we meet to customer's manager and he informed that on 6th dec 2011 we will pay but today when we call we felt that that customer is trying to make excuses and not willing to pay. we presented those cheque on 31 oct 2011 in our bank  & 45 days is over till today.my point is

(1)can i launch a complaint after 45days also?

(2)do i need to re - deposit those cheque to go for legal action within time frame?

(3)what action i should go & under what act please advice.

 
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Same cases are with my cousin. She has deposited the cheque two times. it is bounced. She contacted with lawyer. He advised he to file a case in civil court.

 

Thanks

 
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Advocate/Lawyer

(1) No .... u cannot institute a complaint after lapse of 45 days

(2) yes ... u need to redopsit the cheque again to the Bank to go for legal action

(3) First U should redeposit the cheques ....... then after it's dishonour by the Bank u should give legal notice within 30 days from the date of it's dishonour to the Payee .... where u state the facts and demand the cheque amount within 15 days from the date of receipt of the notice by them ( send the notices by Regd. A/D only ... so that u get acknowledgement .... do not send by courier )

After the lapse of the 15 days from the date of receipt of notice by them if they do not pay then it is an offence u/s - 138 of the Negotiable Instruments Act.

U can institute a complaint with the M.M. court within one month from the date of the offence ( i.e., end of the 15 days notice period )
 

 
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Advocate/Lawyer

Air Warrior ...... same goes for u too ...... if the cheque is still valid ( a cheque is valid for 6 months period from it's date )

note : after 1st April, 2012 ... cheque validity period will be 3 months only ......

 
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lawyer

did you by email inform he customer that his cheque has bounced and requested him to make payment .

 

if so it amounts to issue of notice . you cant represent the cheque again and issue legal notice . file summary suit

 
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Legal Evangelist - TRIPAKSHA

Agreed with advise provided by Mr. Manjeshwar.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
 
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Advocate/ nadeemqureshi1@gmail.com

Dear manoj

Mr. Ajay sethi is rightly explained if you send the mail & infrom him about cheque bouncing & demand you money then it is amount to issue  demand notice. calculate the days for limitaion from sending mail.

feel free to call

 
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advocate / commissioner of oaths

Sir,

Every cheque has the validity for 6 months from the date apparant on the face of the instrument. Within which you can deposit for umpteenth times. But once you issue a legal notice the limitation for filing the complaint arises and you cannot represent the cheque unless the drawer extends the date by making an endorsement on the cheque.

Even after the period of limitation expires you can file a private complaint by filing a petition to condone the delay under section 142(b) of the Negotiable Instruments Act,1882. 

 
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POWER OF DEFENSE IS IMMENSE

delay condonation is not easy , notice will be issued to other side and only after hearing the issue will be decided. The other side can file revision of order goes against.

 
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Legal Evangelist - TRIPAKSHA

But JSDN sometimes it is the only way left. Though lengthy.

 

 

Regards,
 
Shonee Kapoor
 
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