Cheque issued of closed bank account

Jay gopi (Querist) 07 April 2013 This query is : Resolved
Dear Sir / Madam,

We was given a cheque and in writing in stamp paper the details of given cheque by a person. We send for collection and the cheque was returned due to the account closed. Kindly guide me how to deal with this issue.

Thanks,

Jay Gopi.

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Vidhi Joshi (Expert) 07 April 2013
its a NI 138 matter...contact a local lawyer

prabhakar singh (Expert) 07 April 2013
Send a notice of demand forthwith for the amount of the cheque returned by registered post with acknowledgement due on the address
of the drawer of the cheque.

If he does not pay you the amount of cheque demanded within 15 days from the date of service of notice,file a criminal complaint against him within 30 days to be counted from those 15 days or earlier the better.

Account closed is also like no sufficient funds and attracts the offence u/s 138 of the Negotiable Instrument Act.

Doing all this requires hiring services of a competent lawyer right from date of sending notice as the matter is too technical to be handled by laymen.

Jay gopi (Querist) 07 April 2013
Thanks you sir.

Jay gopi (Querist) 07 April 2013
Should the the notice to be served with in the day of 15 day cheque bounce? and what is the maximum time to file case.

prabhakar singh (Expert) 07 April 2013
ALL I TOLD YOU YET YOU ARE CONFUSED:

1.Notice is required to be sent within 30 days to be counted from the date of the receipt of information by you from the bank regarding the return of the cheques as unpaid,for reason account closed.

2.Let it be served on the drawer.He is required in law one chance more to save his skin from the clutch of the law.
So if he pays you the amount of cheque with in 15 days to be counted from his receipt of your notice the matter is over.

3.But if does not pay you need to file complaint within 30 days to be counted from the last date of the 15th day when drawer was require to pay you under demand notice.

Jay gopi (Querist) 07 April 2013
When the person issue the cheque will fully after close the bank account to cheat money what should be done.

prabhakar singh (Expert) 07 April 2013
No chatting!
You have been helped out.

Devajyoti Barman (Expert) 07 April 2013
yOu are properly advised, Now do what you are asked to.
Apart from filing cheque bouncing case, you can file case of cheating as well.