Validity of another legal notice on cheque bounced case
Alok Vashishth
(Querist) 24 August 2011
This query is : Resolved
I have a client on a cheque bounced case where his earlier lawyer had sent the legal notice of cheque bounce to the party. But, now this lawyer is not giving the legal notice to my client.
Can another fresh legal notice on the another return memo be sent?? Will it be valid ??
prabhakar singh
(Expert) 24 August 2011
if there is any legal defect in earlier notice and date on cheque makes it still collectible through presentation and then returns as bounced ,a fresh notice well with in scope of law demanding payment within 15 days from the date of receipt of notice should be sent,and in cases noncompliance,complaint can be filed.In cheque bounce cases the notice is of prime importance as "failure to comply"constitutes
offence and not the stage of bounce of cheque.
R.Ramachandran
(Expert) 24 August 2011
I differ with the views of Mr. Prabhakar.
Within the period of validity of the cheque, it can be presented any number of times. But once a notice is issued to the drawer on the dishonour of cheque, the cheque cannot be re-presented even though the validity of the cheque may be there, for the purpose of issuing a notice for the second time.
Advocate. Arunagiri
(Expert) 24 August 2011
A second notice is invalid for the cheque return.
But, if the first notice was issued and issue not settled, the cheque can be presented for the second time.
So, the notice sent for the second return is not a second notice, but, first notice only. So, it is valid.
Alok Vashishth
(Querist) 24 August 2011
When should we present the cheque again for encashment. After 15 days, which is the legal validity of the first notice or any time ??
Guest
(Expert) 24 August 2011
once legal notice is issued you have no right to present it again it to make it a second cause of action. For which the accused must have authorised in written to present the same. otherwise the after 15 days of first legal notice cause of action begin to run.
prabhakar singh
(Expert) 25 August 2011
It appears I was in some obsession when i posted the answer to this query which led to posting of a wrong answer,i stand corrected to share views expressed by
Mr. R.Ramachandran and other experts.
Arif Iqbal
(Expert) 26 August 2011
Once the cause of action commences, you have to file the complaint within its one month. Otherwise it would be barred by limitation. You should file the complaint in due time. Send a notice to the Advocate who is keeping the notice. Necessary action can be taken against him for such professional misconduct in due course of time.
