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sandeep (doctor)     18 June 2014

The payment of amount of dishonoured cheque within 15 days

Respected lawyers

I am accused in “NEGOTIABLE INSTRUMENTS ACT.SEC.138”.I have received a legal notice. In this notice I am directed to “MAKE THE PAYMENT OF AMOUNT OF DISHONOURED CHEQUE WITHIN 10 DAYS”, not 15 days. I have already taken bail. Only today we found out, that they are giving only 10 days for payment. Please help me HOW TO DEFFEND.



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 6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 June 2014

You can ask further time to repay the amount in the court when the case comes on the listing date.

sandeep (doctor)     18 June 2014

I WANT TO QUASH  IT ON TECHNICAL BASE, AS NOTICE WAS NOT GIVEN IN PROPER WAY

Advocate Bhartesh goyal (advocate)     19 June 2014

Notice can not be said invalid for the reason that instead of 15 days time to make payment  only 10 days has been given.if cheque has been issued to discharge the legal debt or liability then you can not escape from the liability and have to face consequences of cheque bouncing offence.

Biswanath Roy (Advocate)     21 June 2014

Referring the notice for payment towards bounced cheque and in response to that you can make part payment within the stipulated period of 10 days and assure further balance payment after 15 days.

T. Kalaiselvan, Advocate (Advocate)     22 June 2014

There is no big technical error in it where only 10 days time have been granted instead of 15 days, if you were ready to pay the amount in 15days, then in your reply notice you could have asked the complainant to extend the time by another 15 days, but if you were not at at all ready for any payment, what difference it makes to you whether if it is 10 days or 15 days?  Instead of going ahead with your proposed idea, concentrate on the case on different defence and try to win the case on some other merits.

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     23 June 2014

If the complaint is filed before expiry of the statutory notice time of 15 days from the date of service of notice, you can take it as good defence.


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