138 n i act

Vikash yadav (Querist) 10 October 2013 This query is : Resolved
'A ' present cheque on 02.04.2013 and same was bounced on next day and returned to to presenting branch with bounce memo, but bank did not inform the customer on same day, & return the cheque on 15.07.2013. the bank write on bounce memo "return to customer on 15.07.2013." A sent legal notice on 10.08.2013. my question is....
1. whether the notice is within time.
2. bank failed to comply with rbi direction regarding giving information about bounce of cheue with in 24 hours to its customer.
3. what will be the consequences on 138 case.
4. what defence would the accused has to take.
5. can 138 case will be procced if complainant take plea of frindly loan.

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Raj Kumar Makkad (Expert) 10 October 2013
1. Yes.

2. This issue is between RBI and banker, however, it do not affect the legal provisions qua the holder of the cheque.

3. Complaint is maintainable in the given facts.

4. Consult this issue with your lawyer as there are many points for defence but which are relevant for you, can only be decided by him.

5. Yes.

Mayank Kumar Advocate (Expert) 10 October 2013
you should also give complaint to RBI CONCERNED department about failing and delaying the process of cheque bounce information given to the customer and this complaint also attached with your cheque bounce case .

Dr J C Vashista (Expert) 11 October 2013
Now-a-days the cheques have validity of 3 months which is well within the knowledge of your banker, public at large and yourself. Accordignly, if the cheque amount is not credited within a couple of days from its presentation it is your laibility to enquire from banker or drawer or your accounts. You cannot escape from your responsibility.
I am surprised how your banker have endorsed to "return to customer on 15.07.2013." I find something fishy in your statement, contact local lawyer.

Raj Kumar Makkad (Expert) 11 October 2013
If the query relate just with the relation of accused and holder of the cheque then there is no effect of such delay on the part of banker but if it relates to the relationship of customer and banker then the complaint to RBI or otherwise can also be made.

Rajendra K Goyal (Expert) 11 October 2013
Section 138(b) is as follows:
(b)the payee or the holder in due course. of the cheque as the case may be, makes a demand for the payment of the said amount of money by giving a notice, in writing, to the drawer of the cheque, within fifteen days of the receipt of information by him from the bank regarding the return of the
cheque as unpaid;

The notice would be valid from the date of information of cheque bouncing.