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What is person denies to have given cheque to another person


01-Feb-2023 (In Cheque Bounce Law)
Sir, My question is that now a days while clearing interbank transaction .Banker call the person whose cheque is presented for clearing .if that person denies to have given cheque to other person ..what legal remedy is available to holder of cheque.. 1) can he file case under section 138.. 2) if bank return cheque by mentioning on cheque that account holder refuse to acknowledge the cheque.. What holder of cheque can do in this process.. Mm m
Answers (2)

Answer #1
666 votes
Query perused. Yes he can file a case under section 138 before the concerned Court. Cheque once issued will be presumed to be issued in discharge of some liability. You may contact us and meet us for a face to face meeting. For further consultancy and legal services you may contact us.
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Answer #2
585 votes
once the cheque presented in bank, the bank has to either clear it or return unpaid. if the cheque is returmed unpaid them a case of 138 can be filed. when cheque is returned unpaid a legal demand notice is to be sent with 30 days of receipt of bank memo, giving 15 days time to pay the debt to the issuer of cheque. id money not received then a court case is filed within 30 days not receipt of notice by the other party
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