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Can I send legal notice if the cheque bounces second time
28-May-2023 (In Cheque Bounce Law)
Hi I deposited a cheque issued by a builder in Bengaluru but it bounced with the reason 'insufficient balance'. I know that I can send him a legal notice for returning the money within 30 days. But I want to deposit the cheque again next month as the builder is promising that it will be honoured this time. But what if it bounces again? Will I still have the right to send him the legal notice?
Yes, you can send him a legal notice after the cheque bounces the second time. You will be presenting the cheque for the second time based on the Builder's assurances that it will be honoured the second time. Therefore, if the cheque bounces for the second time, your can mention both the transactions, and the reason why you presented the cheque for the second time in your legal notice.
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Adv. Vijay Belavadi
Bangalore | 100+ Answers
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You can issue notice to pay the cheque amount within 15 days from the date of notice.In your question you have said 30 days, but it is 15 but not 30 days. If you issued the notice after cheque bounce cause of action starts. In cheque bounce case cause of action starts only once , it does not repeats.
After issuing a notice once again you bounced the cheque and issue notice is not valid and if you filed the case on the second notice your case will not be maintained.
After issuing a notice once again you bounced the cheque and issue notice is not valid and if you filed the case on the second notice your case will not be maintained.
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Adv. Rajeev S Vadrali
Gadag | 100+ Answers
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Hi
Yes you can deposit the cheque second time provided it is within 3 months time after issue of the cheque as you are getting fresh cause of action after presenting the cheque, provided you issue the legal notice, which is statutory within 30 days of receipt of the memo from the bank which will state "insufficient funds" . Dont miss the the 30 days time limit as you will lose the cause of action, if he still does not pay then you will have to file 138 case for cheque dishonour.
Pratap, Advocate
Yes you can deposit the cheque second time provided it is within 3 months time after issue of the cheque as you are getting fresh cause of action after presenting the cheque, provided you issue the legal notice, which is statutory within 30 days of receipt of the memo from the bank which will state "insufficient funds" . Dont miss the the 30 days time limit as you will lose the cause of action, if he still does not pay then you will have to file 138 case for cheque dishonour.
Pratap, Advocate
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Adv. Pratap Kumar
Bangalore | 200+ Answers
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