460+ Lawyers are online 
Cheque bounced by the payee what can be done
02-Nov-2023 (In Cheque Bounce Law)
A cheque 6 drawn on Bank of Baroda,Powai,Mumbai issued by Euroclima Mumbai in favour of RTS Engineers against their PO returned unpaid twice in last two months.Material was delivered to their factory at wada in Mumbai on 3rd Sep 2016 and since then we have been requesting to clear our payment once the cheque was dishonoured on 3rd Sep'2016.All our request didn't get due consideration till date. Now we want to serve a legal notice and file a criminal case if the Euroclima fail to clear our payment. How to go about it .
A cheque is valid only for a period of three months from the date of issue, hence, it is to be seen whether you have a valid instrument which can be used for depositing it again in your Bank or not. If yes, then you have to deposit the said cheque again in your Bank account and wait for it to be dishounered for either insufficient funds, stop payment etc. If the same happens, then within 30 days from the "cheque return memo" delivered to you or its intimation to you, you have to get a statutory demand notice issued to the other side demanding the amount of money dishounered giving them 15 days time to repay. On non payment, a case has to be be filed under section 138 of Negotiable Instruments Act, wherein the court has the power to punish the culprit with 2 years imprisonment or impose a fine of twice the amount of cheque dishounered or both.
Helpful?
20+
20+
Adv. Vikramjeet
Delhi | 25+ Answers
CONTACT NOW
A criminal case under Section 138 of The Negotiable Instruments Act, 1881 can be filed after having the statutory legal notice issued.
Statutory legal notice can be issued within 30 (Thirty) days' from the cheque bounce date (bank return memo date).
Since, the date has expired the same can be represented again for clearance.
A recovery suit can also be filed under Order xxxvii of the Code of Civil Procedure, 1908
Statutory legal notice can be issued within 30 (Thirty) days' from the cheque bounce date (bank return memo date).
Since, the date has expired the same can be represented again for clearance.
A recovery suit can also be filed under Order xxxvii of the Code of Civil Procedure, 1908
Helpful?
12+
12+
Adv. Urfee Haider
Delhi | 200+ Answers
CONTACT NOW
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.
Connect with top Cheque Bounce lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
