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time limit


What is the notification time period in a cheque bounce case? My tenant issued an "ACCOUNT CLOSED" cheque to us with the intention of fooling us the amount he was due towards rent. Now the cheque got returned with the above stated reason. This happened on 3rd of this month, so what is the time limit i have to issue a notice to him to make good the payment???????? Pls reply as soon as possible

P.S : There is a difference of opinion between lawyers in the notification period. Is it 15days notice and 30 days waiting time fo payment or 30 days notice and 15days payment time?

 
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Lawyer

you have to send a notice within 15 days of bouncing of cheque and should give 30 days time.  altogether he gets 45 days for paying the amount.

 
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Lawyer

In the mean time you can file a Rent Control Petition also for defaul in payment of rent

 
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Hi Bhuvana, Please go through the amended Negotiable Instruments act, you will find out urself.

 
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RESPECTED SIR / MADAM

 

I WROTE EVERY TIME TODEPT.BUT DEPT.DOES TAKE ATTENTION

 

 

IN THE YEAR 2006 TO2007 WHEN MY NUMBER WAS FIRST IN THE LIST  OF

 

COMPASSIONATE GROUND CASE,AND VERY FEW MONTH WAS REMAIN  TO

 

COMPLIT  YOUR THREE YEARS RULE ,WE GO TO NAGPUR AND REQEST TO

 

CHIEF COMMISSIONER  ,BUT THEY SAYS THAT  WE NOT SUBMIT 

 

RECUITMENT YET  TO SCREENIG COMITY ,AT THAT TIME WE ALSO TOLD

 

AS WEL AS  OUR AURANGABAD COMMISSIONER ALSO WROT THAT IN

 

AURANGABAD THERE REQUIRMENT OF MANY PEOPLE  .PLEASE GIVE THE

 

PERMISSION TO FILL AT LEAST TWO VACANCIES ,AND AVINASH RAMDAS

 

ARKES NUMBER IS UPPEMOST  ,WRITE TO CHIEF COMMISSIONER  BUT AT THAT

 

TIME CHIEF COMMISSIONER DOES NOT GIVE PEMISSION TO FILL THE

 

VACANCIES ,

THEY MADE TIME PASS WITH MY CASE  .I THINK THEY WAIT FOR MY NUMBER CUT FROM THE LIST  THEY DID NOT GIVE PERMMITION THEY MADE ONLY TIME PASS AT THAT TIME .

 

 

DEPT.ALSO WANT TO   GIVE THE PERMISSION  TOFILL AT LEAST TWO OR

 

 ONE VACANCIES AT THAT THAT TIME I GOT MY JOB BUT THEY DONOT DO

 

,WHY THEY DO LIKE THIS WE DON’T KNOW ,BUT AFFTER MY NUMBER CUT

 

FROM THE LIST OF COMPASSIONATE GROUND ,AURANGABAD

 

COMMISSIONRATE FILL THE TWO VACANCIES .

 

THEY DON’T GIVE ANY INFORMATION TO THE OLD CANDIDATES AND NOT

 

GIVE ANY NEWS IN ANY NEWS PAPER .

 

WHAT CRITEREA THEY THEY FULLFILL , HOW THEY ARE ELIGIBLE FOR

 

THAT POST   WHICH CONDITION COMLITED, WE DON’T  KNOW

 

 

BUT DEPT. RECRUITED THEM .

PLEASE LOOK THIS MATTER SERIOUSLY GIVE ME JUSTICE

 

 

 

                                                                                         YOURS FAITHFULLY

 

 

                                                                    AVINASH S/O RAMDAS SANDUJI ARAKE

 

 
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Legal Consultant/Lawyer

Dear Bhuvana,

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

 

 

CHAPTER XVII

NOTARIES PUBLIC OF PENALTIES IN CASE OF DISHONOUR OF CERTAIN CHEQUES FOR INSUFFICIENCY OF FUNDS IN THE ACCOUNTS

 

138. Dishonour of cheque for insufficiency, etc., of funds in the account.

 

Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid. either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice. to any other provision of this Act, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to twice the amount of the cheque, or with both: Provided that nothing contained in this section shall apply unless-

 

(a) the cheque has been, presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier;

 

 

(b) the payee or the holder in due course. of the cheque as the case may be, makes a demand for the payment of the said amount of money by giving a notice, in writing, to the drawer of the cheque, within fifteen days of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and

 

 

(c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice. Explanation.-For the purposes of this section, "debt or other liability" means a legally enforceable debt or other liability.

 

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

 

 

Amendments to the Negotiable Instruments Act, 1881

 

Amendment of section 138.-In section 138 of the principal Act,—

 

(a) for the words “a term which may be extended to one year”, the words “a term which may be extended to two years” shall be substituted;

 

 

(b)       in the proviso, in clause (b),  for the words “within fifteen days”, the words “within thirty days” shall be substituted.

 

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

 

Kindly go through the attached Judgment: on Page No: 1 & 4

 

 

And for your further satisfaction kindly go through the below website with detail proceedings on "Dishonor of Cheque"

 

http://www.legalserviceindia.com/articles/sec138.htm

 



Attached File : 57 57 shroff publisher and 1 vs springer india pvt ltd on 29 august 2007.pdf downloaded 69 times

Total likes : 1 times

 
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Advocate/Lawyer

As per the amendment in the N. I. Act  .... u have to issue demand notice to the drawer of the dishonoured cheque within one month from the date of it's dishonour ....

In the said notice u have to mention the details of the cheque, date of it's dishonour, amount, etc and demand the cheque amount within 15 days from the date of receipt of the said notice issued by you. Pls.send the notice by Regd. A/D and UCP. U are bound to get Regd. A/D acknowledgement if the notice is received by him.

From the date he receives the said notice .... u have to leave 15 days ... after the completion of the said 15 days if he does not pay you then offence under 138 of the N. I. Act is committed by him ( drawer of the cheque )

You are then free to file ur complaint within one month from the date offence has been committed by the drawer of the cheque.


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