Cheque bounced which was received against Loan.

673 votes

if you wait after service of notice your case is not maintainable and your whole money gone into the bin so kindly immediately cancel to a lawyer or us to file a case against the person and recover your money

Advocate Akhil Verma LawRato

686 votes

Query perused. Immediately present the cheque again since it is in validity right now. The statutory legal notice under section 138 Negotiable Instructions Act has to be issued to the drawer within 30 days from the date of receipt of knowledge regarding dishnour of cheque. For further consultancy and legal services you may contact us. Prompt action would enable you to initiate legal action.

Advocate Anubhav Kathuria LawRato

812 votes

Hi,

Cheque got dishonoured and I presume that you got the cheque dishonour bank memo within the next few days. So within 30 days you sent the legal notice containing all mandatory information on 05/02/2019. I again presume that it was delivered within the next few days.

So from the date of delivery, you should allow 15 days for the drawee of the cheque to respond. Failing which you have 30 days to file the case against the drawee.

Based on date of delivery you calculate 30 days period within which you should’ve filed the case. Unless you manage to get the cheque presented for the second time, no remedies u/s 138.

Other remedies are available. You can contact for legal consultations.

Advocate Kabir Hazarika LawRato

705 votes

You can either file a cheque bounce case or a summary suit. That can be deliberated upon. But you will have to take the steps as quickly as possible because of the time lines stipulated with respect to the said cases.

Advocate Tejasv Anand LawRato

841 votes

this might be a tactic adopted by the other party to delay the proceedings since you only have limited time to file the case in court after you have sent a legal notice. you should either take it in writing or enforce your legal remedies

Advocate Rohan Sharma LawRato