LawRato

Query on Selection 138 related to Cheque Bounce


27-Nov-2023 (In Cheque Bounce Law)
Hi I have given friendly loan to a friend due to his medical urgency one year back for Rs 2 Lacs . He is now not returning the money . I only have one 2 lac cheque and one promissory note and reciept signed by him . Can I file case against him once cheque is bounced .
Answers (2)

Answer #1
501 votes
In case of a cheque bounce case the payee has to sent the notice to the drawer within 30 days from the date of receiving “Cheque Return Memo” from the bank. The notice should mention that the cheque amount has to be paid to the payee within 15 days from the date of receipt of the notice by the drawer. If the cheque issuer fails to make a fresh payment within 30 days of receiving the notice, the payee has the right to file a criminal complaint under Section 138 of the Negotiable Instruments Act.
Answer #2
556 votes
You sent legal notice buy advocate for give your money and within 30 days before cheque return date. and after 15 days file case Negotiable Instrument Act Section 138 time limit 30 days. and then court isuing summons .

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."