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Check bounce situation. Owner not in town


27-Mar-2023 (In Cheque Bounce Law)
I have a check on my brother's name. But as he is out of India I need to process that check. I am sure that the check will get bounced so I need to be ready to file a case on the issuer. So can I file the case on my brother's behalf. Please tell how and what documents/consent to get from my brother for same.
Answers (2)

Answer #1
744 votes
So you can definitely file the suit on your brothers behalf taking the consent letter from your brother or taking the power of attorney from him but firstly you will have to deposit the cheque in the bank account and if it bounces then you can send a legal notice and do the needful through the advocate.

Thanks
Answer #2
542 votes
You will have to present the cheque at the branch you maintain an account. After presenting the cheque, you will receive a cheque returning memo if the cheque is dishonored.
After receiving the cheque returning memo, you shall send a legal cum demand notice within 30 days from the date of receiving the memo and after 15 days you will have to file a S138 Ni act complaint before the MM in whose jurisdiction your bank account exisits.

Please feel free to contact.
Regards,
Madhav Nanda
Advocate

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.

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