680+ Lawyers are online 
What is the procedure in case of cheque bounce
24-Jan-2023 (In Cheque Bounce Law)
one of my friend he gave 2 cheque and its got bounce and its been almost 3 months over now. when I dropped 1st cheque its got bounce and he told me he gonna give new one and he took one self declaration bound that says cheque canceled and he took signature of mine on that cheque. I dropped second cheque its got bounced and unfortunately I lost that cheque. I dropped 1st cheque again bank returned that cheques says " Payment stopped by drawer" cheque issued date : 20-09-2016 1). I want to know is it valid put a legal notice on him or not ? 2). without second cheque (lost) can get the amount with bank records
Beyond 3 months cheque is not valid, consult and want cheque to verify and get correct guidance to sending legal notice. If it is beyond the limitations may send but case may be weak. Consult and file another suit.
Helpful?
40+
40+
Adv. Sharanagouda S. Patil
Bangalore | 200+ Answers
CONTACT NOW
If cheque presented within 6months from the date mentioned on it and unless there is no specific period of its validity mentioned on it, cheque is valid
If already notice of 1st dishonour is not given you can issue statutory notice of 2nd time dishonour and get memo from the bank and file PCR before the jurisdictional court of your bank where cheque presented for payment
Regards from
Ravindra
If already notice of 1st dishonour is not given you can issue statutory notice of 2nd time dishonour and get memo from the bank and file PCR before the jurisdictional court of your bank where cheque presented for payment
Regards from
Ravindra
Helpful?
46+
46+
Adv. Ravindra Prasad
Kolar | 100+ Answers
CONTACT NOW
So much of information available on net on the clarifications sought by you. One cannot issue notice on such expired endirsement cheques. However you can file money suit on cheques. You may get engage a lawyer.
Helpful?
41+
41+
Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
Chat
Dear Querist,
Unfortunately the first cheque which u dropped has lapsed as the cheque validity as u must know is only for 3 months, now u must try to convince u r friend and get a fresh cheque and deposit the same, if the cheque bounces u will have to issue statutory legal notice within 15 days of receipt of the Banker's memo wherein u must give him 15 days time to settle the cheque amount, inspite of it if u r friend does not settle u shud file a 138 case under Negotiable instruments act for recovery of the money and punishment
Pratap, Adv
Unfortunately the first cheque which u dropped has lapsed as the cheque validity as u must know is only for 3 months, now u must try to convince u r friend and get a fresh cheque and deposit the same, if the cheque bounces u will have to issue statutory legal notice within 15 days of receipt of the Banker's memo wherein u must give him 15 days time to settle the cheque amount, inspite of it if u r friend does not settle u shud file a 138 case under Negotiable instruments act for recovery of the money and punishment
Pratap, Adv
Helpful?
29+
29+
Adv. Pratap Kumar
Bangalore | 200+ Answers
Chat
After check bounce to the bank following process you have made..
1. First talk him ( who given you a check).
2. If he is not reply then legal notice given to your lawyer.
3 if he hasn't given reply to your notice. Then you would submit application under 138 ni act.
1. First talk him ( who given you a check).
2. If he is not reply then legal notice given to your lawyer.
3 if he hasn't given reply to your notice. Then you would submit application under 138 ni act.
Helpful?
34+
34+
Adv. Ripudaman Singh
Jodhpur | 100+ Answers
CONTACT NOW
Yes you can file a case of 138 negotiate instrument act along with an application for exemption of time limit under section 5 of the same act showing the court your valid ground for such delay the court may admit your petition
Helpful?
50+
50+
Adv. Lokesh Jha
Bhopal | 25+ Answers
CONTACT NOW
After the cheque is bounced you are bound to send the concerned person a legal notice for initiating proceedings under section 138 of Negotiable Instruments Act.
If within 15 days the payment is not made you can register a complaint under section 138 of NI act which is a criminal proceeding. This needs to be filed within 30 days of the completion of 15 days of the notice delivery date.
Alongwith that you can file a recovery suit / summary suit in the concerned civil court simultaneously.
If within 15 days the payment is not made you can register a complaint under section 138 of NI act which is a criminal proceeding. This needs to be filed within 30 days of the completion of 15 days of the notice delivery date.
Alongwith that you can file a recovery suit / summary suit in the concerned civil court simultaneously.
Helpful?
44+
44+
Adv. Siddhant Sharma
Delhi | 500+ Answers
Chat
I think bank authorities not given you the same in writing
Moreover you have limitations in cheque bounce cases as mentioned in N.I act so after giving notice on time you have to institute and file a private complaint in competent court which you have missed.
Moreover you have limitations in cheque bounce cases as mentioned in N.I act so after giving notice on time you have to institute and file a private complaint in competent court which you have missed.
Helpful?
30+
30+
Adv. Ashutosh Sharma
Indore | 25+ Answers
CONTACT NOW
My dear friend
you have not mentioned any facts. but in cheque matter , if cheque has been dishonoured send a notice of 15 days and demand the money. after 15 days of receiving the notice money is not paid. then file a complaint under section 138 of the Negotiable Instrument within a period of 30 days.
you have not mentioned any facts. but in cheque matter , if cheque has been dishonoured send a notice of 15 days and demand the money. after 15 days of receiving the notice money is not paid. then file a complaint under section 138 of the Negotiable Instrument within a period of 30 days.
Helpful?
28+
28+
Adv. Prem Dayal Bohra
Jodhpur | 100+ Answers
CONTACT NOW
There is nothing much to worry in that in the cases of cheque bounce and person found guilty on the direction of honorable court recovery can be made from the person's movible or immobile property with some intrest also if it's justify.
Helpful?
42+
42+
Adv. Brij Bhushan Pandit
Jabalpur | 200+ Answers
CONTACT NOW
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.
Connect with top Cheque Bounce lawyers for your specific legal issue
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."
