Filing a case under negotiable instrument act as legal notice returned


one of my clients cheque dt.25/09/2017 amounting to Rs.59120 got bounced, thereby I gave a notice through my lawyer on dt. 23/11/2017, but was unclaimed and returned back. Can I still file a case under negotiable instrument act.

Answers (3)


209 votes

You have to file the case within 30 days from the date of receiving the returned notice. However you can file the case even now and convince the court as to why there is a delay..

Further you can file a civil suit for recovery of the said amount


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

260 votes

You have not disclosed that when you presented the said cheque.. I. e. Presented on which date.. If the presented date and notice which was issued by you through your advocate are all well within the limitation, then you have good case..

If the notice returned back as NOT CLAIMED OR UN CLAIMED, you still have a good case.. Though the said notice returned for above said reasons, the notice looked as DEEMED TO BE SERVED..

Popular Cheque Bounce Lawyers


Advocate H Gouri Shankar
Dilsukhnagar, Hyderabad
23 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience
Advocate Bala Janaki
330 Thambuchetty Street, Chennai
34 years Experience
166 votes

Yes.
You would require to establish in court that the attempts to serve documents were made but not successful.
And that the failure to deliver the notice on an address known to be that of the drawer would not prejudice you from obtaining entitled in order to recover your money.

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 Cheque Bounce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles