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Bounced check recovery for insufficient funds
18-Jun-2025 (In Cheque Bounce Law)
After check bounced, bank gave me a memo for insufficient funds. Then we tried contacting the person who gave us check but he didn't respond. Is text/whatsapp message (mentioning that your check is bounced) to that person acceptable as a notice.
No, Notice sent through WhatsApp in the form of a mere brief message, that, your Issued Cheque has been bounced and as such, I am going to file a Cheque Bouncing Case against you, if I won't receive my outstanding cheque amount won't be recognised as legally admissible notice, considering, under Sec 138 of the NI Act, Notice has to be served in a specific format and it needs to have certain ingredients present in it!
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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No, mere text messages and calls are not acceptable as a Notice/Legal notice. one has to send a Legal Demand Notice through an Advocate to initiate the process of a case U/s. 138 of Negotiable Instrument Act.
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Adv. Chanchal Singh
Mumbai | 100+ Answers
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As per Section 138 of the Negotiable Instruments Act, a legal notice must be issued within 30 days of receiving the bank memo of dishonour. This notice should be sent through a reliable mode such as registered post or courier with acknowledgment. While courts have accepted WhatsApp messages as valid in certain cases (where delivery and reading are proved), it is always advisable to send a formal legal notice via registered post in addition to any digital communication. A WhatsApp message alone may not suffice as statutory notice under NI Act.
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Adv. Mrunmayi Kotawadekar
Mumbai | 100+ Answers
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In cheque bounce you have to send a legal notice through an advocate within 30 days of cheque bounce and giving the person 15 days before starting the legal proceeding under NI Act . Any text message from your side is not a notice , it is information or message .
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Adv. Deepak Tiwari
Mumbai | 50+ Answers
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Dear client based on your query, while jurisdictional tolerance for digital communication evolves, compliance with statutory mode remains central to enforceability, also to help you regard the process and in legal ways for which you can connect with us.
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Adv. Kalpana Sanap
Pune | 200+ Answers
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