Legal query regarding cheque bounce case

Hello Sir, I spoke to party regarding the cheque bounce, he is asking me to wait for 20 days for payment. Advice me should I need to wait or proceed with legal action.

Answers (4)

Dear Sir,
You can wait till validity cheque date, the cheque validity is 3montgs from the date of cheque. so you have to chque if the date is not crossed 3months, you can wair, otherwise
you should deposit the cheque in your account.

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First u have to give statutory legal notice within 30 days from the date on which u received the bankers memo regarding bouncing of cheque. Else u have to again present the same cheque for collection; that too if the cheque is in force. Or else..You may obtain a written endorsement from the party that he had knowledge regarding the bounce of cheque along with an undertaking for repayment.

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The time period prescribed for notification of bouncing of cheque to the defaulter (drawer) under the Negotiable Instruments Act is 30 days after the intimation of the bouncing of cheque by the drawee bank. If the 20 days falls under the 30 days of bouncing of the cheque then you will be having 10 days of time to get issued a legal notice to the defaulter he does not pay the money. If not then immediately issue a legal notice to the drawer and demand the money.

If the party wants to settle the issue it is better you can settle your money out side of court. If you file cheque bounce case in the court, to get your money it will take time and lengthy process in the court

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