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Cheque bounced last year can file a case for recovery now
20-Jan-2023 (In Recovery Law)
We have a case of cheque bouncing where a customer had issued a cheque which was return citing fund insufficient. This incident occurs in Oct 2016. Can we still file a case or send a legal notice. Please guide us.
This seems to be quiet a common thing we see these days. Now,having that said I would like to have more information on this matter hence would like to hear more on this from youso we can get to some kind of a closure. Hence, please find my email and act accordingly.
Helpful?
16+
16+
Adv. Krishnan Balakrishnan Nair
Pune | 100+ Answers
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Sir.
I assume that subject cheque in your hands, is in repayment of amount due & payble to you out of some agreement with the drawer of cheque.
In this position of the matter, you can file civil suit for recovery of amount of dishonoured cheque.
You may give a demand notice to drawer before initiating litigation. You have 3 years period to file suit.
The cheque has validity of three months from its date. It means you can redposit it for encashment within that period.
If subject cheque is within validity period, redeposit it and still it is dishonoured you may give demand notice under sec.138 of Negotiable Instrument Act and still amount is not paid then you can file a criminal complaint (cheque bounce case).
Civil suit and criminal complaint can be filed simultanuously.
Regards.
I assume that subject cheque in your hands, is in repayment of amount due & payble to you out of some agreement with the drawer of cheque.
In this position of the matter, you can file civil suit for recovery of amount of dishonoured cheque.
You may give a demand notice to drawer before initiating litigation. You have 3 years period to file suit.
The cheque has validity of three months from its date. It means you can redposit it for encashment within that period.
If subject cheque is within validity period, redeposit it and still it is dishonoured you may give demand notice under sec.138 of Negotiable Instrument Act and still amount is not paid then you can file a criminal complaint (cheque bounce case).
Civil suit and criminal complaint can be filed simultanuously.
Regards.
Helpful?
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I am afraid that now limitation has expired to file cheque bounce case. But you can file a Suit for recovery of amount by filing a civil case. You will need to show when you have presented the cheque and when it gotdishonored.
Helpful?
14+
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Adv. Ujwal Phasate
Nagpur | 100+ Answers
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