What is the Notice Period for cheque bounce


A cheque issued by one of my friend in my favor (for a friendly loan) got bounced on 24thApril2017. I collected the memo from the bank on 26thApril2017. My questions are as follows : 1) When does the 30 days period for issuance of Legal Notice under NI Act starts , from 26th or 27th. 2) Do I have to send / dispatch the notice within 30 days or the notice has to be received by the defaulter within 30 days. 3) After the defaulter has received the notice , when does the 15 days period for the payment starts ? Assuming that he receives the notice on 16th May 2017 , does the 15 days period starts from 16th May or 17th May ?

Answers (3)


127 votes

The 30 days period starts from the day of memo issued from the bank and within that period you have to issue legal notice to the wrong doer through your advocate. Another 30 days time will be given for wrong doer to issue reply notice if reply is not satisfactory or denies to return the amount or doesn't replies means after the completion of 30 days within 15 days you can file a complaint against him before Magistrate Court under Section.200.


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97 votes

To issue a notice a cheque has to be bounced so ur cheque is bounces on 24-4-2017 and you receive bank endorsement on 26-4-2017 so cause of action starts now and one month time u will have to give notice within 25-5-17. So notice is given say on 30-4-2017 and notice is served on say 5-5-2017. So 15 days starts from 6-5-2017 to 20-5-2017 so this is 15 days time to reply then 1 month time to file Criminal complaint against accused.

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You need break your head. Safely you present the cheque for second time, then you will get new cause of action. Please visit my office and get free advise within 48 hours.

Step 1 : Demand Notice

Once the bank has return the cheque, i.e. the cheque has bounced, you are required to send a letter (demand notice) within 30 days of such bouncing to the party who wrote the cheque (the drawer) threatening to initiate proceedings under the Negotiable Instruments Act in case the amount is not paid within a stipulated time period (usually 15 days).

Even though there is no prescribed format for this notice, its purpose of demanding payment and informing the issuer that s/he will be prosecuted in case payment is not made should be highlighted very clearly. Further, proof of delivery of such letter should be preserved carefully.

Demand letter can be sent by the complainant her/himself. However, it is advisable to get the draft vetted by a cheque bounce lawyer before sending it to the person concerned.

The following information should be stated clearly demand notice:

Statement that the cheque was presented within its period of validity.
Statement of debt or legally enforceable liability.
Information regarding dishonour of cheque as given by the bank.
Demanding the issuer to pay the amount due within 15 days of receiving such notice.

Send Legal Notice for Cheque Bounce
SEND LEGAL NOTICE

Step 2 : Drafting of Complaint:

After lapse of 15 days from the date of delivery of the demand letter, if no payment has been received, there is a 30 day time period to file the complaint before a magistrate.

Jurisdiction for filing the complaint: A magistrate in any of the places out of the following:

Where the cheque was drawn;
where the cheque was presented;
Where the cheque was returned by the bank;
where the demand notice was served by you
The following documents will be required in filing the suit:

Complaint,
oath letter; and
photocopy of all the documents such as cheque, memo, notice copy, and acknowledgment receipts.

Step 3 : Court Process for filing a case

Court Fee –
Amount on cheque
Court fee
Rs. 0 to Rs. 50,000/-
Rs. 200
Rs. 50,000/- to Rs. 2,00,000/-
Rs. 500
Above Rs. 2,00,000/-
Rs. 1000
Memo of Advocate is essential at the time of filing a suit along with signatures of complainant.
After case is file by complainant in court, all documents are cross checked by Judicial Magistrate First Class, so original documents such as original cheque (bounced), original memo, copy of notice, receipt of post office, receipt of U.P.C., acknowledgement receipt, are required at the time of cross checking.
The period of limitation is also verified at this stage.
The Process Form, also known as the Bhatta, is filed by the complainant or lawyer, along with addresss of accused.
The court then issues a summons to accused for appearance in court on specific date.
If Accused does not appear in court on the date of hearing, the court issues a bailable warrant on the request of the complainant.
It the accused still does not appear before the court, the court may issue a non-bailable warrant of arrest.


IMPORTANT TIPS:

A delay in filing the complaint after the lapse of 30 days may be excused by the magistrate only in exceptional circumstances.
Dishonour of a cheque due to stop payment is also covered under Section 138 of the NI Act.
Presentation of the cheque at the request of the drawer after the demand notice has been sent will and consequent dishonour of the cheque will not mean that the drawer’s time limit under the notice has increased.
A cheque issued as a gift/donation/any other obligation, will not be covered under Section 138 of the Act. For this section to apply, the cheque has to carry a legal obligation.
A cheque expires after three months.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Cheque Bounce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

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