Missed timeline for filing a case U/S 138 what to do now.
12-Dec-2023 (In Cheque Bounce Law)
Builder issued me a check of refund amounting to Rs.5 Lakhs which was bounced. Sp I served him the notice within a month as per the section 138. He didn't replied to my notice within 15 days. So as per law I have to file a case in next 30 days but unfortunately I missed the time limit but the check's validity is still there. Can I again deposit the check in the bank and when it gets bounced again, can I issue him a fresh notice? Can I do that? Will judge consider my second notice after already serving him the notice of 1st dishonor instance? Please help me out. Thank You. Regards, Prakash R
Dear client if still 3 months is not complete then u can deposite it in court for second time. And if cheque got bounced then u have to send legal notice within 30 days from cheque bounce date and then case under sec 138 of n i act. For any legal help call me
Adv prasad patil
Pune
Adv prasad patil
Pune
No...
You can not send the second notice as it is against the law.
If you send the second notice then it will help the builder in the court so please do not take any step in haste and without professional legal advise.
You can not send the second notice as it is against the law.
If you send the second notice then it will help the builder in the court so please do not take any step in haste and without professional legal advise.
Sir,
we hereby suggest you to again deposit the cheque. Let the cheque again dishonored. thereafter you can again start the entire process a fresh. But if validity of cheque has been expired in that case you can file the complaint in concern court along with an application for condonation delay in which you need to explain the Court as to why the complaint could not be filed within time. If court is satisfied, your complaint will be taken on record.
we hereby suggest you to again deposit the cheque. Let the cheque again dishonored. thereafter you can again start the entire process a fresh. But if validity of cheque has been expired in that case you can file the complaint in concern court along with an application for condonation delay in which you need to explain the Court as to why the complaint could not be filed within time. If court is satisfied, your complaint will be taken on record.
Hi
You can file complaint alongwith the application to condone the delay, thereafter your complaint will be entertained.
You cannot present that cheque again
Contact for further detailed legal advice.
You can file complaint alongwith the application to condone the delay, thereafter your complaint will be entertained.
You cannot present that cheque again
Contact for further detailed legal advice.
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