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Cheque Issued by a Person 4 years ago has bounced
07-Nov-2023 (In Cheque Bounce Law)
Person(Was a friend once upon a time) has taken debts upto 2 lakhs In cash and has issued cheque for that equal amount. He was promising to return the amount in cash, since few years he is absconding. I was waiting till date, thinking he might call and return the money and hence did not present cheque in the bank. I realized though too late, my wait is going in vain I presented the cheque in the bank which has bounced which in a way anticipated to happen. Can we take legal action against this person ? How to go about on this ? Please advise. Thank you.
As per Negotiable Instrument Act, the Cheque can be presented any number of times with 3 months from the date of the cheque. And further from the date of Bank Memo for dishonour of the same with 30 days you need to issue a legal notice. So if you have already presented the cheque and bank has issued a Memo for dishonour then you need to issued a legal notice, in writing, within 30 days to the address of the person who issued the cheque and thereafter you can lodge a Private Complaint before the Jurisdictional Magistrate.
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Adv. Jagadish N
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