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Is cheque bounce maintainable or not if 3 times bounced
11-Feb-2023 (In Cheque Bounce Law)
1st time cheque presented on 12-12-2011,signature mismatch,demand notice not sent,again presented on 9-1-2012,signature mismatch,demand notice not sent,again presented on 15-5-2012 ,insufficient reasons,demand notice sent ,complaint filed complaint maintainable or not
Yes it is maintainable ...within 3 months you can present cheque any nunber of times unless demand notice is not sent...once it is sent then the limitation period starts ....15 days of botice and then 1 month for complaint....
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Adv. Ankit Sharma
Gurgaon | 100+ Answers
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Hi
U plz clear the same cheque was presented again and again or party issued another ?? Thats doesn't matter how many times it is produced and bounced . What about the last demand notice , case will be based on last demand notice only. Case is maintainable.
All the very best
U plz clear the same cheque was presented again and again or party issued another ?? Thats doesn't matter how many times it is produced and bounced . What about the last demand notice , case will be based on last demand notice only. Case is maintainable.
All the very best
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Adv. Rahul Sidher
Chandigarh | 100+ Answers
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you did not mentioned whether notice was sent within 30 days from the date of cheque returning memo of the bank and complaint is filed withi 45 days. If complaint is not filed within 45 days then your complaint is not maintainable under the provision of Section 138 of Negotiable Instrument Act.
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Adv. Rohtash Kumar Solanki
Faridabad | 25+ Answers
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If the complaint filed within the time limitation , then it's maintainable. No matter if the cheque presented three times, one can file the complaint after sending the notice within the time limitation.
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Adv. Akash Gupta
Gurgaon | 100+ Answers
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Yes it is maintainable. You will have to make the averment that i did not send a demand notice as we orally agreed that upon second presentation it will get honored. Therefore I did not want to send a notice as i did not want to get embroiled in litigation
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Adv. Aayush Chandra
Delhi | 25+ Answers
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