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Bank claiming dishonor of cheque what can be done
12-Jan-2023 (In Cheque Bounce Law)
please sir, my client issue cheque 1/9/2016 and the cheque present by me in bank 3/9/2016 bank inform me about dishonour of cheque than also inform by me to issuer about the dishonour of cheque than after recall by me in telephone conversation only not by writing than today I release take a legal step for that issuer what are remedies available for me under negotiable act section 138 of act. or any other laws. kindly tell me what are remedy available for me after the time limit expire please give me answer after consider the dates of issue of cheque and tell me remedies
It's more than 1 month from date of dishonor of cheque further it's more than 3 months from issue of cheque. Hence now you can file civil suit for recovery of your amount. .
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Adv. Ramniranjan Chaturvedi
Bhopal | 200+ Answers
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The limitation for sending a legal notice of 15 days statutory period is for 30 days I.e you have to send the legal notice within 30 days from the date of dishonour of cheque thereby demanding the amount of cheque to be made available within a period of 15 days from the issuer of the cheque and after the lapse of that 15 days period of notice you need to file a criminal complaint before the judicial magistrate having the jurisdiction to entertain your complaint so in your case the date is of 03/09/2016 so you Had ought to sent a legal notice through your within 30 days I.e 02/10/2016 if sent then ok if not then present the cheque once again and get it dishonoured because without sending the legal notice the cause of action for filing the complaint under section 138 doesn't accrue and if you have already sent the legal notice but couldn't file the complaint before the court then you need to file a civil suit for recovery of the cheque amount as the time period for filing the complaint after issuance of notice is 30 days to be computed after the lapse of 15 days time period which has already been lapsed in your case a seems.
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