Within how many days we can send legal notice in case of cheque bounce

672 votes

The payee has to sent the notice to the drawer with 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.

Advocate Shabuddin B S LawRato

998 votes

Within one month from the date of cheque bounce intimation from the bank, you need to issue legal notice under Section 138 of the Negotiable Instruments Act. This case is a criminal case and not for settlement. It may take anywhere between two to five years before the case is decided. If at all, the accused should pay you the cheque amount for fearing punishment for criminal offence. Otherwise, the punishment prescribed under the Negotiable Instruments Act is a maximum fine of double the cheque amount and or up to two years imprisonment.

Raghavendra Rao B.K. LawRato

749 votes

within 30 days from the date of Bank memo you need to send a legal notice through your advocate. It depends on the court on the point of disposal of your case as it is uncertain always due to court vacations and holidays. If you are strong enough to prove your case with proper documents then you can win your case without any doubt.

Advocate Jagadish N LawRato