Bouncing of cheque
Querist :
Anonymous
(Querist) 21 November 2009
This query is : Resolved
The date on cheque issued to me is 23.10.2009 but it has got bounced. I sent notice to builder but he is requesting to not file case upto 30.11.2009 & he will pay the amount.
If i wait AND date of filing the case is OVER AND builder DOES NOT PAY, CAN I AGAIN DEPOSIT THE CHEQUE IN THE BANK WHICH WILL BOUNCE AGAIN DEFINATELY.
CAN I AGAIN SEND HIM NOTICE ETC & FILE THE CASE AGAINST HIM U/S 138 OF INSTRUMENT ACT ?
PLEASE ADVICE ME.
Devajyoti Barman
(Expert) 21 November 2009
If the cheque gets dishonoured on any ground except for the reasons 'present again', surely you can not present the cheque again. Please note that to initiate any action against him u/s 138 of N.I.Act you have to send him a notice within a month from the date of receipt of information regarding dishonour of the cheque and you could file the case within one month after expiry of 15 days from the date of receipt of the notice by the drawer of the cheque.
In present circumstances it is advisable that you fulfill the legal requirements first as if the time limit as stated above expires you would be left with no option to initiate the aforesaid proceedings if not the other.
A V Vishal
(Expert) 22 November 2009
Mr Barman
Please check your reply, after receiving notice the payment has to be made within 15 days failing which the complainant can proceed legally.
K.C.Suresh
(Expert) 22 November 2009
Devjyoti has a detailed answer to the querry.
adv. rajeev ( rajoo )
(Expert) 22 November 2009
Cause of action arises only once.
After receipt of bounced cheque you have to issue notice within one month.
15 days time to make the payment of the cheque amount from the date of receipt of legal notice.
within one month after 15th expires lapses you will have to file a complaint
Adinath@Avinash Patil
(Expert) 22 November 2009
IF YOU HAVE ISSUED NOTICE THEN YOU CAN'T DEPOSIT CHEQUE AGAIN.IF BUILDER NOT PAYING CHEQUE AMOUNNT BETTER WAY TO FILE COMPLAIN U/S 138 OF N.I. ACT.WITHIN PRESCRIBED LIMITATION.
Jithendra.H.J
(Expert) 22 November 2009
second notice cannot be issued, and you cannot file the complaint on the basis of second notice, as you already has sent the notice it is better to file the complaint within the limitation period, after the payment you can withdraw the complaint.
Guest
(Expert) 22 November 2009
NANDKUMAR B.SAWANT.M.COM.LL.B(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE CHEQUE BOUNCE MATTER KINDLY NOTE THAT
1.BUILDER GAVE YOU CHEQUE OF AMOUNT AND IT GOT DISHONOURED .YOU HAVE SENT LEGAL NOTICE AND BUILDER HAS NOT PAID AMOUNT OF CHEQUE WITHIN LIMITATION PERIOD AFTER SERVICE OF NOTICE.HENCE YOU HAVE TO FILE THE COMPLAINT WITHIN LIMITATION PERIOD OF ONE MONTH FROM THE DATE OF SERVICE OF LEGAL NOTICE AND PERIOD OF FIFTEEN DAYS IS OVER.IF YOU FILE THE COMPLAINT UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT YOU WILL DEFINETELY SUCCEED.
2.KINDLY NOTE THAT IN CASE YOU WAIT AND THE LIMITATION PERIOD OF FILING THE COMPLAINT IS OVER .THESE BUILDERS ARE VERY CLEVER PERSONS THEY HAVE ALL MEANS MONEY AND MEN TO HARASS YOU.HENCE DO NOT GET CONFUSED AND FILE THE CASE .OR ELSE YOU WILL BE SUFFERING FOR YEARS AND WILL HAVE TO FILE A CIVIL SUIT TO RECOVER THE SAID AMOUNT. FOR FILING A CIVIL SUIT KINDLY NOTE THAT JUST TO RECOVER AMOUNT OF RS.ONE LAKH ,ONE SHOULD PAY A STAMP DUTY OF RS.6430/- AND WITHOUT THAT CIVIL SUIT WILL NOT BE NUMBERED.
3.BUT FOR FILING A COMPLAINT UNDER N.I.ACT SEC.138 YOU HAVE TO PAY COURT FEE STAMPS OF 2 PER CENT OF AMOUNT OF CHEQUE DISHONOURED. HENCE TO FILE CRIMINAL COMPLAINT UNDER SEC.138 OF N.I.ACT WILL COST YOU LESS AS COMPARED TO FILING OF CIVIL SUIT WHERE THE STAMP AMOUNT IS MORE.
IN CASE YOU NEED ANY FURTHER HELP KINDLY SEND DETAILS
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
Sachin Bhatia
(Expert) 22 November 2009
Better to comply with the provision of section 138 of N.I.Act and file a complaint with in limitation, if builder makes the payment you can withdraw the complaint at any time.
Sachin Bhatia
(Expert) 22 November 2009
Better to comply with the provision of section 138 of N.I.Act and file a complaint with in limitation, if builder makes the payment you can withdraw the complaint at any time.
Raj Kumar Makkad
(Expert) 22 November 2009
Dear! you have sufficient time to file the complaint even after 30.11.2009 so if the matter can be resolved just by waiting till 30.11.2009 then you should wait till that period as this shall save your valuable time, energy, money and relations.
Srinath Kondapally
(Expert) 22 November 2009
You may present the said cheque number of times within 6 months from the date of such cheque, but here u have not mentioned whether such request is written or oral and in my opinion, no loss will cause to u if u wait another one month & your legal rights will stands good even u/s138 of N.I.Act even ater 30.11.09
