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Legal notice for cheque bounce was not delivered what can I do
22-May-2023 (In Cheque Bounce Law)
Hello Sir, Please help me. Someone has given me two cheque leaf costing 1 lac plus INR two years ago . Those cheque have been bounced but legal notice could not be delivered as he refused to receive the notice and we don not have his address another to send it again. we sent notice three times and those could not be delivered. Please help me what to do against this person.Cheque were issued from his private limited company in may 2014. Thanks
Please contact your Advocate immediately. Please track the dispatch receipt and note what does it say about the non-delivery of the notice. Considering that the cheques were issued in 2014, please note that you have already time barred your legal rights, however that can be overcome by application of condonation of delay. We may help you if required.
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Adv. Ankit Chaturvedi
Delhi | 25+ Answers
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Service of the notice at the registered address of the company is deemed service. You can proceed with the filing of complaint. The reason of refusal to accept the notice must be given in the service report. You have a good case to go against the company to obtain exparte orders.
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Adv. Tushar Roy
Delhi | 25+ Answers
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Hi,
As per law, once the cheque is bounced and you receive the returning memo from bank, you have to give the drawer of cheque a notice within thirty days from the returning memo. Thereafter the drawer of cheque has fifteen days time to make the payment under demand notice, failing which you can initiate criminal proceedings under Section 138 read with Section 142 of Negotiable Instruments Act within one month from the expiry of fifteen days' period.
In case of Private Limited Companies, all person who are responsible for the conduct of the business of the company as well as the company can be made liable under the law.
Can you provide some more information regarding the dates when you presented the cheques and the notice you sent and the reason for nondelivery. Under law, the cheque has to be presented to the bank within the period of its validity.
As per law, once the cheque is bounced and you receive the returning memo from bank, you have to give the drawer of cheque a notice within thirty days from the returning memo. Thereafter the drawer of cheque has fifteen days time to make the payment under demand notice, failing which you can initiate criminal proceedings under Section 138 read with Section 142 of Negotiable Instruments Act within one month from the expiry of fifteen days' period.
In case of Private Limited Companies, all person who are responsible for the conduct of the business of the company as well as the company can be made liable under the law.
Can you provide some more information regarding the dates when you presented the cheques and the notice you sent and the reason for nondelivery. Under law, the cheque has to be presented to the bank within the period of its validity.
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Adv. Nitin Khare
Delhi | 25+ Answers
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If the accused is not served properly. You have to show company's fresh address. If the company is deliberately avoiding serving service can be done by SHO concerned. See if the directors are running the company. They must have registered address for the company. Your lawyer should work properly so that you can get these details. Revert me.
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Adv. Hemanshu Saha
Delhi | 25+ Answers
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