Basavaraj hadimani (employee) 29 August 2012
Hello Sir,
Bank has filed the complaint against me through the counsel reg the ch bounce in the year 2008,
I was recd the Demand notice and replied the same.Please let me know that the statutory period
of demand notice after the ch bounce memo from bank within which the demand notice is to be
sent is 15 days oe 30 days. And when the cause of action starts to file the complaint.
Thanking you sir
Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 29 August 2012
The general rule in this regard is as follows...
1. you send legal notice in partcular date i.e. 01/08/2012
2. opponent recieved or was supposed to be recived after some time from posting the above notice i.e. 05/08/2012.
3. now opponent is suppose to make the cheque payment to you within 15 days from reciept of notice , up to 20/08/2012.
4. you can file case against him at any time from 21/08/2012 to 20/09/2012.
Basavaraj hadimani (employee) 29 August 2012
Prashant Ghai (Advocate) (PrashantGhai.com) 30 August 2012
You query isn't very clear as the english is not understandable and is quite frankly not making any sense. Can you please post your query again in a much more clear manner for us to help you out.
Basavaraj hadimani (employee) 01 September 2012
Thank you very much sir,as you said in your valuable reply I am posting my query once again.The
scenario is that, One of my bro had availed a loan from bank in the name of his firm,and hd became
defaulter.In the mean time I was given a cheque ( in my bro's firm name ) to my bro for some other
purpose which I did nt took it back. My bro had given my cheque to the bank(Which was in the name of
my bro's firm name) without bringing to my notice.And in the demand notice,the banks lawyer has
stated that his client bank has issued a D.D. to my bro (firm) against the clearace of my cheque and the
payee bank put it for collection and the said cheque got dishonoured and returned with memo on
22-01-2008 [As per the demand notice] sent me a demand notice thro' the lawyer on 18-02-2008.I recd
the same on 23-02-2008 and sent a reply on 04-03-2008 thro' the lawyer. Later the payee bank has
filed the complaint on 08-04-2008.
Dear sir now my query is that,whether the bank has filed the complaint within the mandatory period or
is there any delay committed by bank in filing the complaint for my defence.And please suggest me
some of your valuable points for my defence.For your kind information till date my case is in hearing
stage.
Awiting for your reply sir
Regards
LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 01 September 2012
1) The complaint it within limitation.
2) Drawer of the cheque is also liable so your this defense will not have much value unless you can prove cheating or forgery.
3) They issued a DD against this cheque is GRAY area and could be a valid defense since it can not be believed in normal course.
Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB)) 02 September 2012
Yes , Complaint is very much in within time . Ultimate you have to face the proceeding of case , be sound with your evidences in your favor .
R Trivedi (advocate.dma@gmail.com) 02 September 2012
Don't you think,Bro, thd It wd be gr8, if you cd wrt in formal lingo,
Sorry for that, but an easily readable matter would get better response, using the slang language in your query will reduce the seriousness of matter.
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