cheque dishonored
su
(Querist) 09 September 2009
This query is : Resolved
suppose if the person delaying sending a notice ("due to illness, admit in hospital for 2 months having Dr. certificate, hepatitis viral bronchitic infection") he can't able to recover the money through court under section 138 & 141 negotiable act, is applicable or not. bank statement is given the cheque is dishonored, due to insufficient fund.riven
Adinath@Avinash Patil
(Expert) 09 September 2009
If cheque issued is within one month period you can diposit said cheque for clearance.If cheque rerurned for insufficient funds you can issue notice there after 15 days you can file complaint u/s 138 of N.I.Act.Within prescribed.riven
Raj Kumar Makkad
(Expert) 09 September 2009
Though the statutory period for serving notice has expired in your case due to haspitalization of complainant in serious ailment even then you may adopt 2 ways viz. either to re-deposit the cheque in the bank of the complainant for encashment, if the cheque has not expired or to send the required notice detailing therein all the circumstances leading to delay of notice and then proceed accordingly.riven
vinjamuri ranga babu
(Expert) 09 September 2009
hi,
you can file a civil case for recovery. criminal case is only for punishing the person only.
vrriven
Sarvesh Kumar Sharma Advocate
(Expert) 09 September 2009
su,
there is no provision in 138 n.i.act to take excuse to given notice.
BUT IF THE CHEQUE IS STIL IN SIX MONTHS LIMIT(stil now d dt of issueing is with in six month )THEN U CAN SUBMMIT DT CHEQUE TO THE BANK AGAIN AND BRING A FRESH CHEQUE BOUNCE DETAIL MEMO.
IN N.I.ACT ALL DEPENDS UPON TIME........riven
Bhumik Dave
(Expert) 09 September 2009
Re submit the cheque if its in time limit and then after give noticeriven
RAKHI BUDHIRAJA ADVOCATE
(Expert) 10 September 2009
you can represent the cheques in the bank. This is the only solution.riven
Shivasurya
(Expert) 10 September 2009
you can represent the cheques in the bank if the limitation of six months period for depositing the cheque is not completed. This is the only solution.
riven
Sachin Bhatia
(Expert) 10 September 2009
No remedy is available u/s 138 of N.I. Act if the person delay in sending a notice. Deposit the cheque in the bank for encashment, if the cheque has not expired. If the limitation of cheque is expired than go for the recovery suit.riven
Sachin Bhatia
(Expert) 10 September 2009
No remedy is available u/s 138 of N.I. Act if the person delay in sending a notice. Deposit the cheque in the bank for encashment, if the cheque has not expired. If the limitation of cheque is expired than go for the recovery suit.riven
