bouncing of cheque

Querist : Anonymous (Querist) 22 November 2009 This query is : Resolved
Thanks for previous reply to all.

i have two more queries about bouncing of cheque.

1. In case, if time limit of filing the case u/s 138 of NIA is over but validity of cheque ( as six month ) is still there
WHAT ACTION CAN BE TAKEN NEXT FOR FILING THE CASE IN THE COURT.

2. IS it neccessary to send notice to party in case of bouncing of cheque through lawyer or court.

I SIMPLY SENT A LETTER BY REGISTERED POST TO PARTY ON 11/11/2009 & INFORMED ABOUT BOUNCING OF CHEQUE GIVEN TO ME.

WILL IT BE ASSUMED AS NOTICE OR SIMPLE INFORMATION TO PARTY.

HOW MANY DAYS ARE LEFT WITH ME TO FILE THE CASE IF PARTY DOES NOT PAY ON 30/11/2009 AS THEY FINALLY COMMITTED.

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Raj Kumar Makkad (Expert) 22 November 2009
1. If the limitation of notice has expired even though cheque is still valid then you may deposit it again with your bank and can send again notice if again cheqhe is bounced but mention in the notice that this second time deposit was made on the asking of the accused person assuring that htis time cheque shall be got cleared.

2. There is no need to send the notice through counsel. Your letter in simple langauge shall also be treated as complyin the mandatory provision if you have demanded the amount of cheque within 15 days of the receipt of the letter and have also mentioned that failing to comply the letter, a complaint shall be filed against the accused person.

Limitation to file the complaint is 1 month after the expiry of 15 days of the receipt of your letter. suppose it might have bee received to the accused on 14th Nov. then you have to wait upto 29th Nov and thereafter you can file your complaint on any day till next one month means up to 28 Dec. 09.

Devajyoti Barman (Expert) 22 November 2009
How could the cheque remain valid if the time limit for the said case expires because the cause of action starts only after the cheque gets dishonoured.

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