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What to do if a private company gives a cheque and dishonoured


22-May-2023 (In Cheque Bounce Law)
I recently got a Bandhan Bank check and deposited to Axis bank account as it is my home branch bank, however it got bounced due to insufficient fund and it was given to me intentionally by the fraud placement service company. Now they are claiming the check back. Should I send a legal notice first before sending them the bounced cheque?
Answers (4)

Answer #1
912 votes
You have to send notice under section 138 of NI Act within 30 days from the date of dis honour of the cheque and you will take a cheque return memo from the bank ..after sending notice you have to wait for 15 days to file any complaint before the court.
Answer #2
607 votes
You have to send a Demand Notice for the dishonored cheque stating that if the person( one who had issued the cheque) fails to pay the amount within the time mentioned in the notice, then you will approach the jurisdictional Court to recover the amount under section 138 NI Act.
Answer #3
648 votes
Send one legal notice through an advocate under section 138 of Negotiable Instrument Act without returning back the cheque to the company and let them face the music of law as what you have stated in your question that they have intentionally given you the cheque and which was bounced due to insufficient fund. This notice is to be given within a period of 30 days from the date of bouncing of the cheque , which please note.
Answer #4
992 votes
Hmm definitely..you have to serve notice immediately within 15 days from the date of intimation of such dishonour and bank return memo..you need to consult immediately otherwise it will be barred by limitation...

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