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Plan to get post dated cheque for money given what action if bounced
25-Jul-2023 (In Cheque Bounce Law)
Dear Team I need leagl advise related to Post Dated Cheque. I have given Rs 10 lacs to my friend. However, due to some reason, he is not able to repay the same and requested time till Dec, 2016. Now, i am proposing him to give me Post Dated cheque so that i can take legal actin against him in case he dishonor cheque. My questions are below: 1. What are the things which i have to take care to ensure legal action against him in case cheque bounce. 2. What the circumstances/situations when dishonor of PDC will convert in legal offence against him?
When you deposit the cheque in the bank and in case the cheque is bounced due do any reason I.e. insufficient fund or account closed. You would be given a return memo from the bank. Within 15 days from depositing the cheque you need to send a legal notice through your lawyer to him. In case still he is not able to repay you the amount then you can file a complaint case under section 138 Negotiable instruments Act in the court. You need to file this complaint within 30 days of sending the legal notice
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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