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procedure to send notice and claim amount in case of cheque bounce
24-Jul-2023 (In Cheque Bounce Law)
I was given a cheque by a builder which I presented in my home bank branch. The cheque bounced because drawer stopped the payment. I sent him a notice through my email which he didn't acknowledge despite reminders. 1. Was notice through email valid and "cause of action" has started or should I send him notice from lawyer and then the time will start. 2. Also, can I present the same cheque in Delhi in a different bank where I hold account, again as I want to fight the case in Delhi. 3. If the "cause of action" has arisen can I still file case in Delhi as the Drawer is from Delhi.
1. Notice is valid and cause of action has arisen. Strictly speaking, there is no need to send another notice, however, to be on the safe side, please send him a notice via email and registered post through your lawyer.
2. Yes, you can. This will enable you to fight the case in Delhi. However, if you intend to present the cheque again then do not send him another notice until the cheque is dishonoured this time aswell.
3. You can pursue the case in Delhi only if your bank account, in which the cheque was presented and dishonoured, is situated in Delhi.
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Adv. Shekhar Banerjee
Delhi | 25+ Answers
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Dear Querist,
as per the date if you can present the cheque in the Bank you can deposit in the any account which is in your name. You can also filed a case Delhi because opposite party resides in Delhi.
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Adv. Sushil Kumar
Delhi | 25+ Answers
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1. The notice sent by you through email is very much valid if you raised a claim on the bounced cheque in clear terms. Sending a notice through an advocate would be treated as second notice and the limitation under the Act will start from the date of this notice
2. Presenting the same cheque at Delhi will again be treated as second presentation and fresh cause of action will commence on the basis this bounced cheque. You will have to issue fresh notice after receipt of memo abput bouncing of cheque from the Bank. You can do so if time is not a concern.
3. You cannot file a case of cheque bounce in delhi as the jurisdiction is decided on the basis of place of presentation of the cheque.
It's advisable that you present the cheque again in your account at Delhi branch if you wish to prosecute at Delhi. The cause of action would commence from this date of presentation
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Adv. Prity Kumari
Delhi | 25+ Answers
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Sir, as per the latest amendment and judgment in Negotiable Instruments Act, a cheque is to be present at the discretion of the Complainant and at his bank of convenience, and thereafter a legal notice for bouncing of the said cheque is to be sent through a counsel through a registered post or courier/ A.D., and it is to be sent within 15 days of the bouncing of the said cheque. The whole process is time - barred and it is to be done as soon as the cheque is bounced.
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Namaste!
The legal notice must be sent within a month after the return of the cheque owing to it being dishonoured. While notice via email is valid. The contents of the notice are of considerable significance to determine their validity. Hence to determine a sufficient cause of action, we may need to look at the same. Further, I'd need to have more information with regards to the cheque and it's dishonour before I'd advise you to deposit it with a bank branch in Delhi.
The suit may be filed in a Court of Judicature in Delhi since the other party does have a bank account here.
I'd be glad to assist you with the matter. Feel free to connect.
Regards,
Advocate Kavita Chanan.
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Adv. Kavita Chanan
Delhi | 25+ Answers
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