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Cheque Bounce Case in trading business
14-Jan-2023 (In Cheque Bounce Law)
I am a delhi based wholesaler and I sold goods to a indore based retailer. Goods were sent through transport. Against the agreed credit period of 30 days, after around 120 days the retailer sent me 3 post dated cheques of 125000 each against my invoice amount of 380000. 1st chq was dated 17th dec, 2nd one was 26th dec and 3rd was 5 january. All cheques bounced. I sent cheque bounce notice with 15 days time limit for 1st chq on 26th dec, notice for 2nd chq on 4th jan and notice for 3rd cheque on 10th jan.
1. Please advise that can i file 1 court case for all 3 cheque bounce.
2. My office is in west delhi while my bank branch is in south delhi. Can i file case in court which comes under my office address jurisdiction or i will have to file case in the court which comes under my bank branch jurisdiction.
Thanks for help.
I have perused the contents of your query and would advise you to seek a detailed consultancy from a lawyer having expertise. You have to file 3 separate matters in the court having competent jurisdiction to try and entertain the complaints under NI Act.
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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1) One case can be filed for all 3 cheques if all of them are within limitation.
2) Jurisdiction will be of the bank branch.
3) But you cannot claim the entire amount of 3,80,000/- you can only claim 3,75,000/- i.e. amount of the cheques.
4) If in the notice, an amount higher than the amount of the corresponding cheque then that notice is invalid and you'll have to send a fresh notice.
2) Jurisdiction will be of the bank branch.
3) But you cannot claim the entire amount of 3,80,000/- you can only claim 3,75,000/- i.e. amount of the cheques.
4) If in the notice, an amount higher than the amount of the corresponding cheque then that notice is invalid and you'll have to send a fresh notice.
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Adv. Kumar Pradyuman
Delhi | 25+ Answers
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answer very good question file of only one case for all the three cheque you don't need to file cases regarding the jurisdiction the jurisdiction would be only where the bank branches is. the bank branch is in south then probably the jurisdiction will be Saket court
Amit Kocher advocate
Amit Kocher advocate
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Adv. Amit Kocher
Delhi | 25+ Answers
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