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Clarification of procedure to file cheque bounce case
03-Mar-2023 (In Cheque Bounce Law)
Sir , I send demand notice on 17 th January personally,but the respondant reply me on 17 February with lawyer help. He denied the Averments ,what should I do now can I file a case ,or give reply to him .,
Sir,
To help you with this. need clarification on the Following
1. When was the cheque presented to the bank
2. Date of dishonour
3. Date of demand notice
4. Reply to your notice
However, the procedure to file a case under Sec.138 of Negotiable Instruments Act,1881 is as follows
the cheque has to be presented within 3 months from the date of the issue of cheque. If teh cheque gets dishonour the legal notice has to be sent within 15 days from the date of dishonour and the payment or reply to the notice has to be sent within 30 days from the receipt of the notice. On failure to do so, you may initiate proceedings under Sec 138 of the Negotiable Instruments Act after the completion of 30 days period.
To help you with this. need clarification on the Following
1. When was the cheque presented to the bank
2. Date of dishonour
3. Date of demand notice
4. Reply to your notice
However, the procedure to file a case under Sec.138 of Negotiable Instruments Act,1881 is as follows
the cheque has to be presented within 3 months from the date of the issue of cheque. If teh cheque gets dishonour the legal notice has to be sent within 15 days from the date of dishonour and the payment or reply to the notice has to be sent within 30 days from the receipt of the notice. On failure to do so, you may initiate proceedings under Sec 138 of the Negotiable Instruments Act after the completion of 30 days period.
Helpful?
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Adv. Pallavi K
Bangalore | 100+ Answers
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What is the full form of PCR in criminal law?
P.C. PCR means personal criminal complaint. You can file a criminal complaint with the police or directly in front of a Magistrates court. The Magistrate can arrest the accused if the charges are proven. 3 Dec 2012
What is PCR in terms of complaint?
A private complaint file is a record of a grieved person who has approached a magistrate, similar to a complaint filed at a police station. The magistrate will direct the PCR to be the first step in criminal proceedings based on the records and evidence. 6 Apr 2022
Yes you can file case against him. You need not give reply to reply notice. The cheque bounce case must file within a month after receipt demand notice, otherwise delay occurred. You can contact me for further information.
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Adv. Bhojappa Kallihala
Bangalore | 400+ Answers
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Hi ,
Within one month from the receipt of reply from the respondent , you to file PCR (private complaint ) for cheque bounce under sec 138 of NI Act .....
Within one month from the receipt of reply from the respondent , you to file PCR (private complaint ) for cheque bounce under sec 138 of NI Act .....
Helpful?
14+
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Adv. Shankarayya Bhixavati
Bangalore | 25+ Answers
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