Cheque issued by me bounced 3 months ago, what to do to protect myself
02-Mar-2023 (In Cheque Bounce Law)
3 month ago I given cheque to someone and it's bounced 3 month ago ... Do I safe or it could be problem for me ?
Sir...
As three months have been passed therefore The opponent can't claim relief U/S sec 138 of Negotiable Instrument Act , 1881.
But today also, The opponent can file summary suit to recover the amount due from you.
As three months have been passed therefore The opponent can't claim relief U/S sec 138 of Negotiable Instrument Act , 1881.
But today also, The opponent can file summary suit to recover the amount due from you.
Dear client other party have to issue legal notice to u in 30 days from cheque bounce date. If u received notice and still not pay money back then other party will file case against u under sec 138 of n i act. For any legal help call me for
Adv Prasad Patil
Pune
Adv Prasad Patil
Pune
Time period for file cheque bounce case against you u/s. 138 is already barred by time which was lapsed.
But he can issue you legal notice and file summary suit under Order XXXVII of Civil procedure code on the dishonoured cheques for damages . in case you files your appearance he will have to take out summons for judgement . in case you does not have defence court may pass decree in hid favour or call upon you to deposit amount in court . He will get interim reliefs by this.
He can also file a Criminal Case in Magistrate Court u/sec.420 and 406 IPC against you.
So you are not safe. Even though he can't file 138 matter, but he is having other options as stated above.
But he can issue you legal notice and file summary suit under Order XXXVII of Civil procedure code on the dishonoured cheques for damages . in case you files your appearance he will have to take out summons for judgement . in case you does not have defence court may pass decree in hid favour or call upon you to deposit amount in court . He will get interim reliefs by this.
He can also file a Criminal Case in Magistrate Court u/sec.420 and 406 IPC against you.
So you are not safe. Even though he can't file 138 matter, but he is having other options as stated above.
As per your qustion , you has not mentioned that whether you received any notice against bounce notice or not ...
So i personal request you call me and explained happen with you and against what you issued cheque to other , so that i can help you to came out of this situation...
So i personal request you call me and explained happen with you and against what you issued cheque to other , so that i can help you to came out of this situation...
Sorry my friend ur not in safe hours, there should be strong reason, y chqs bounced. The opposite party may file case under 138 section of negotiable instrument against u. If notice is not send to you till now, then it's best time to appoint an advocate, so to reply fast, which may prove ur bona-fide intentions..
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