DISHONOURED CHEQUE
Querist :
Anonymous
(Querist) 23 November 2009
This query is : Resolved
I have sent my problem already & thanks for sending your esteem advise to me.
BUT now I have become little bit confused
as I wrote that I have sent notice to party regarding dishonour of cheque.
Actually, I wrote a letter to him with a heading `GRIEVANCE` & described about dishonour of cheque. I have not given any warning that I will take action against you u/s 138 of INA. I requested him in that letter that you pay immidiately & do`nt give me any trouble further.
the contents sent to him is as below
It is regret to inform you that inspite of our regular touch with you
& giving respect to your wordings we deposited cheque late by 16 days on
07/11/2009 only after confirming from you. Today I got know from bank that the
cheque has been returned back by your banker mentioning insufficient funds
into your account. We can say here that the given cheque has been bounced
& not cleared by ICICI bank Ashok Vihar branch Delhi-52. Your this type of
wrong commitment & behaviour gave us extremely pain, mentally as well as
physically. Now, I am feeling that you are misleading me by false presentation
for refunding our hard earned money.
I now request you to refund our money by pay order or demand draftimmidiately so as to we get relief without feeling any inconvenience further.
We are waiting for your reply in this matter. Please reply at your
earliest.
MY QUERY IS WHETHER THE ABOVE LANGUAGE/MATTER WRITTEN TO HIM WILL SERVE AS `NOTICE` OR A SIMPLE INFORMATION.
I SENT THE LETTER BY REGISTERED POST.
I am asking this because I have sufficient date to present the cheque again in the bank & party is also saying that he will pay the amount on 30/11/2009.
I have not sent any legal notice through lawyer describing section of crimnal action etc.
Please guide me.
Raj Kumar Makkad
(Expert) 23 November 2009
The aforesaid letter is a complete notice and there is no requirement to again present it with your banker. If the accused is ready to pay you the amount of the chque on 30.11.09 then take from him his undertaking in writing mentioning therein the entire facts that he had issued the aforesaid cheque against his valid liabilities which unfortunately got bounced and he has received a notice from you and further that he shall make the payment of the cheque amount of 30.11.2009 and shall get back his bounced cheque otherwise you shall be free to initiate legal action against him.
Try to get the aforementioned writing from him. If he refuses to give this writing, even then wait till 30.11.09 and file complaint thereafter as you have sufficient time to file the complaint as I replied on yesterday.
Querist :
Anonymous
(Querist) 23 November 2009
Respected Sir,
Fortunately, the lawyer to whom I have given the case is also Mr.Surinder Makkad
R/o of sector-8 Faridabad
I shew him the letter to which he was denying as a NOTICE TO PARTY but on my request & taking NO RISK he is sending a legal notice tomorrow but not ignoring to what I have written already to party. After 15 days of legal notice from 24/11/2009, he will file the case on 10/12/2009 if party does not pay amount. The will cover period of both notices & minimise the risk of letter written by me.
Sir, What is your opinion on this ?
Kamal Grover
(Expert) 23 November 2009
Ur advocate is right. Sometimes court did not consider personal letter as it has not been issued as per provisions of law so it is better to wait for some time instead of hurry.
Good luck.
H. S. Thukral
(Expert) 24 November 2009
In my opinion your letter is a sufficient notice meeting the requirement of law. No form of notice is prescribed in law. Essentially it has to be in writing, within a month of receipt of information from the bank regarding bouncing, and there should be demand for payment of cheque amount in the notice.
