Procedure to recover from stop payment
08-Jul-2023 (In Cheque Bounce Law)
My land developer stopped the payment of a cheque which he is supposed to refund.the cheque has returned to me.like to know how i should procced further to recover the amount.will it come under cheque bounce case and within how many days i have to serve the legal notice.i live in bangalore.
When cheque is bounced for stop payment u should give legal notice within one month and you cannot represent so meet advocate and issue notice payment stopped by person attract offence under 138 of negotiable instruments act u can file case and u will succeed
After the bouncing of cheque within 30 days you have to issue legal notice to the wrong doer through your advocate and if you don't get reply for the same or denial then you can file complaint before Magistrate court within 15 days after the completion of 30 days. hence it falls under 138 NI Act it has to be done within a limitation period so contact any advocate immediately with cheque and bank endorsement.
From the date of cheque bounce date you will have 30 days to send the notice. post sending the notice you will have 45 days to file a case. hence please take the endorsement of the cheque bounce from the bank and contact a lawyer
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