Multiple cheque bounce

The cheque bounce case will be maintainable as a separate case for the second cheque that also was bounced. 

You follow the same procedure similar to the previous case 

Hi sir, 

For the second cheque bounce, The cheque was bounced after his notice to me abou the stop payment. So can I file the case for the second cheque bounce.

Hi sir,  For the second cheque bounce, The cheque was bounced after his notice to me abou the stop payment. So can I file the case for the second cheque bounce. 
 

There's no infirmity. 

You can treat it as another case and file a cheque bounce case as per procedures of law 

Thank you sir!!

You are welcome. 

Since the second cheque got also bounced so you can file complaint for second cheque also irrespective of fact you got reply of first  notice,your complaint is maintainable.Apart from filing complaint u/sec 138 of N.I.Act you may file civil suit for recovery of cheques amount.

Hi sir, Thanks for the reply.

in his first reply to my notice, he says that I should not present my cheque for collection. Even after knowing about the stop payment of cheques. Can I file a case under section NIA 138.

And can I raise a police complaint on this under section IPC 420. Civil suit may take time for money recovery.

Thanks!

Ramkumar

Both the cases of dishonour of cheque is independent, except the fact accused has given common reply to both the cheques. Use copy of reply in both cases and file another complaint within limitation before competent court. There is no infirmity. 

Thank you sir

Dear Ram Kumar,

Thank you for your query! I am Aadil and I will try to answer your question.

The short answer to your query is YES. You may file a cheque bounce for the second cheque as well.

As per Section 138 of the Negotiable Instruments Act, 1881, a cheque bounce case exists when a cheque drawn by the payee from a bank for the purposes of fulfilling any debt or liability is returned by the bank unpaid due to insufficient funds in the drawer's account or because the amount exceeded the amount that was agreed to be paid by the bank as per an arrangement made by the drawer with the bank.

Certain requirements/procedures are also mentioned in this Section:

1. The cheque must have been presented to the bank within six months from the date on which it was drawn or within the cheque’s validity, whichever comes first.

2. The payee must demand for the payment of this money by sending the drawer a notice in writing within thirty days of the receipt of information by him from the bank regarding the return of the cheque as unpaid.

3. The drawer of the cheque must answer this notice by paying the said amount within fifteen days from the day of receipt of this notice.

If the drawer fails to pay the amount within said fifteen days, then they may be charged with cheque bounce. 

Here, as you have already sent the legal notice for the payment of the amount within the prescribed thirty days, you have fulfilled your part, and the drawer is bound to pay back your money within fifteen days from the day of receipt of this notice. As that did not happen, you may file a case of cheque bounce against them. As for the second cheque bounce, a separate case can be filed if they fail to pay the due amount within the specified time limit.

I hope this helps. Thank you for your time and patience!

Regards,

Aadil