Negotiable instrument act
SAMIR SHAH
(Querist) 03 May 2012
This query is : Resolved
I HAD A CHEQUE WHICH WERE DEPOSITED AND BOUNCED. THE NOTICE WAS GIVEN WITHIN 15 DAYS. BUT DUE TO ILL HEALTH I COULD NOT FILE THE CASE WITHIN 45 DAYS WHAT CAN BE DONE NOW. PLS DO GUIDE.
ajay sethi
(Expert) 03 May 2012
how much is delay in filing case . ? make an application for condonation of delay and enclose medical certificate . if court is satisfied it will condone delay
Suhail A.Siddiqui
(Expert) 03 May 2012
Better to present cheque again and obtain fresh limitation
Anirudh
(Expert) 03 May 2012
Dear Mr. Suhail,
Once notice in regard to dishonoured cheque has been issued, then the cheque cannot be presented again for the purpose of getting it dishonoured again and for sending a fresh notice.
Therefore, your suggestion is not at all workable.
ashutosh mishra
(Expert) 03 May 2012
Anirudh sir!
Let me consider a case(a hypothetical) where notice was sent but was returned as unserved with remark"not met".The recipient is not able to trace it's date.
Can cheque be represented for encashment despite notice?
Raj Kumar Makkad
(Expert) 03 May 2012
No. such cheque cannot be re-prduced for payment.
Shonee Kapoor
(Expert) 04 May 2012
I agree with experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAMIR SHAH
(Querist) 05 May 2012
Thanks to all of u who took initiative to guide me and help me out. Details-cheque bounced -02/02/2012. legal notice sent - 10/02/2012 thru regd ad & 11/02/12 thru courier. regd ad not accepted, courier accepted at his residence. came to know about accceptance/ refusal on 18/02/2012. hence 45 days from 10/02 is 25/03/12 and from 18/02/12 is 02/04/2012. father expired on 06/04/2012. had my operation on 13/04/2012 hence could not file the case. Now do i hav to file application for condonation of delay first and then pay court fee for filling case or on approval of condonation i have to pay court fee for filling case. pls guide.
