cheque bouncing
Advocate M J
(Querist) 12 October 2010
This query is : Resolved
Good evening sir, In a cheque bouncing case what is the time limit to file the case from when the cheque is bounced. If the cheque is bounced we hve to sent the legal notice and after 15 days only we can file a cheque bouncing case???? , right sir. wht are documents v need to submit before the court.and what is a "process memo".i am confused, please can the learned members guide me
Thank you
adv. rajeev ( rajoo )
(Expert) 12 October 2010
after receipt of the bounced cheque you have to sent the notice within one month by giving 15 days mandatory period to make the payment of the cheque amount from the date of receipt of the notice. If he failed to make the payment then within one month from 16th day of mandatory notice you will have to file a complaint.
Eg.,
on the Ist of oct cheque is returned
within one month - 30th of oct
if you issued the notice on 3rd oct and party receives the notice on 4th then 15 days ends on 18th of oct. From 19th oct you will get one month time to file the complaint
M/s. Y-not legal services
(Expert) 12 October 2010
1. Present the cheque for collection. In time. I mean with in 6 months from the date of cheque. 2. If its return mean, issue legal notice to the accused. Its should be with in 30 days from the date of return memo. 3. Have to given 15 days time to accused for settlement or reply notice. 4. No result mean you can file your complaint after 15 day statutory period. Its also should be with in 30 days. I.e:any day of 16th day to 45th days from date of legal notice's recieved acknowledgement
M/s. Y-not legal services
(Expert) 12 October 2010
Suppose if you failed to file your complaint in time mean you can file your complaint along with a condone delay petition.
Adv ramesh chheda
(Expert) 12 October 2010
mary,
as about the procedure above answer are correct. but for your safety purpose engage a lawyer and then proceed as many legal issues are involved in proceedings with the case and then at that time court will not assist you. in that case, even if u have very strong case, then also u will hve to loose. so keeping this in mind work through u r local lawyer. however to get some clarrification or updation u can approach here which def will assist in finding out the strength in u r matter. Adv ramesh chheda- bombay - 9870112826
