Dishonour of Cheque
Ketan
(Querist) 16 December 2009
This query is : Resolved
Dear All,
We have business in Bombay nd a Party in Punjab whose Same cheque was dishoured 3rd time, The Canara Bank has dishonoured the cheque on 6th Nov but I received the cheque physically yesterday i.e.15 Dec. On furthru query we found that the bank Sent the cheque from Punjab on 19th Nov by Post who delivered the same to the bank on 11th Dec. The delay I need to file a Notice against the company.
- Can you please guide me through the steps to be taken.
- 30 Days Notice period starts from the day of Dishonour of cheque by the Bank or the Date I received the Cheque in My hand??
- After issuing a Notice then what???
Appriciate in Advance
aman kumar
(Expert) 16 December 2009
30 days notice start from you received the Cheque you can claim on bank for deley or application to bank lokpal
Sachin Bhatia
(Expert) 16 December 2009
30 Days Notice period starts from the day of Dishonour of cheque or date of dishonour mention on Memo.
Adv Archana Deshmukh
(Expert) 16 December 2009
30 Days Notice period starts from the date you receive the memo of cheque dishonour from the Bank.
PJANARDHANA REDDY
(Expert) 16 December 2009
SECTION 138(b):- THE PAYEE OR THE HOLDER IN DUE COURSE OF THE CHEQUE,AS THE CASE MAY BE,MAKES A DEMAND FOR THE PAYMENT OF THE SAID AMOUNT OF MONEY BY GIVING A NOTICE, IN WRITTING, TO THE DRAWER OF THE CHEQUE,*{(WITHIN THIRTY DAYS)} OF THE RECEIPT OF INFORMATION BY HIM FROM THE BANK REGARDING THE RETURN OF THE CHEQUE AS UNPAID;AND...
*however the amended act w.e.f 6.2.2003 to read it as {( FIFTEEN DAYS).}
HENCE IN UR CASE AFTER RECIVED FROM BANK -15DAYS. YOU CAN COMFORTABLE GIVE A NOTICE BEFORE 30TH DEC 2009.
Ajay Bansal
(Expert) 16 December 2009
Your 30 days limitation is started from 15 December as per N.I. act.
Sukhija
(Expert) 16 December 2009
u have one month after receipt of advice from bank. dont worry, give notice and after receipt of notice 15 days wait n then file complaint within one month.
if needed advice in mumbai call 9820127892
Poonam Upadhyay pathak
(Expert) 16 December 2009
30 Days Notice period starts from the date when you receive the memo of cheque dishonour from the Bank.
Srinath Kondapally
(Expert) 16 December 2009
that is 15 days from the date of receipt of such banker's memo only( as u got knowledge of dishonour)
Ashok Yadav
(Expert) 17 December 2009
Your time of 30 days to give notice is starts from the date on which u recieved the information regarding dishonour of cheque i.e. from 15 Dec.( one month time to give notice, 15 days time for payment of money, and then 30 days time for filing of complaint)
Some of our Ld friends have written time for notice is 15 days, that is incoorrect it has amended and now time is 30 days for notice.
Shivasurya
(Expert) 18 December 2009
30 days limitation for sending statutory demand starts from the date of intimation regarding the dishonour of cheque, hence you can send the notice on of before 14-01-10
varadhaking
(Expert) 18 December 2009
You ask your bank to raise debit advise on 15.12.2009, that is on the day which your bank received the return cheque. Then the 30 day notice period start from 15.12.2009.
