Legal Procedure in case given cheque gets bounced
23-Oct-2023 (In Cheque Bounce Law)
I lend the amount of two lakhs to a friend and in assuarance he gave me yhe signed checks but the checks are bounced can i gt help or an idea wat to do now should i file a case against him or give him some time its almoat five to six months of check bounced
Sir/Madam, Cheque is a negotiable Instrument and The life of the cheques is only 3 months from the date contained on it. If in case the cheque is dishonoured, one should a demand notice by an advocate to the person who has given the cheque within 30 days from the date of Cheque return memo date. And the complaint should be made to Court after the lapse of time in notice. However at this juncture, the Complaint can be entertained by the Court and condone the limitation period.Hence kindly do take legal action, at the earliest..
Dear,
The time limit for filing cheque bounce case under Section 138, NI Act is one month immediately following the day on which the period of 15 days from the date of the receipt of the legal notice expires and since 6 months have elapsed since bouncing of the cheque issued by your friend, you have to file a civil case for recovery of the money and also you can file a case of cheating against your friend for intentionally issuing a cheque when his bank account is devoid of sufficient funds. Hope this helps.
The time limit for filing cheque bounce case under Section 138, NI Act is one month immediately following the day on which the period of 15 days from the date of the receipt of the legal notice expires and since 6 months have elapsed since bouncing of the cheque issued by your friend, you have to file a civil case for recovery of the money and also you can file a case of cheating against your friend for intentionally issuing a cheque when his bank account is devoid of sufficient funds. Hope this helps.
Validity of period of cheque is three months only. As per your query it is found that wIthin one month from the date of dishonour statutory legal notice was not sent. Therefore the only option left with you is send legal notice to repay the loan amount, if the borrower fails to respond file suit for recovery of money.
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