Cheque validy 3 or 6 months

Altaf Hussain (Querist) 30 September 2012 This query is : Resolved
Dear sir/mam

a person gave me a cheque of Rs:1.50.000/- dated 18-june-2012 and it got bounced stated insufficient funds and i have a friend who is an advocate i gave him bounced receipt dated 28-aug-2012 and he didn't send any legal notice to accuse and the validity is over

so can any one help me by suggesting me what can be done or is it valid for 6 months any further steps can be taken

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V R SHROFF (Expert) 30 September 2012
Send the notice dated 27/9/12 post it by Speed Post / courier right now, as u recd Cheque Return Memo dt 28/8/12 on 31/8/12, from Bank when u visit your Bank.

Double Negligence [1] not to follow up adv, within a week, [2] not to deposit cheque once more before 17-8-12 may cost you.

File Civil suit for recovery of your money . Pay court fee 7430/- instead of Rs. 3000/- for 138 N I act . ON 1.5L SUIT VALUE

Altaf Hussain (Querist) 30 September 2012
thank you verry verry much sir

Altaf Hussain (Querist) 30 September 2012
sir can i file both civil and 138 n i act

Guest (Expert) 30 September 2012
Dear Altaf,

Validity of cheque is 3 months with effect from 01.04.2012. Prior to that it was 6 months.

Since limitations of both the validity as well as the prescribed notice period have already expired, to avoid uncertainty in civil or 138 case due to limitations, it would now be better for you to get a fresh cheque with humble discussions in normal way with the concerned party. Present the fresh cheque in the bank and keep due care for the formalities in time if the fresh cheque is also dishonoured.

V R SHROFF (Expert) 30 September 2012
Act immediately.
chances of succeed are very high if move immediately.
Courier service may help; dt delivery in his hand. Sufficient to prove you sent notice intime.
Bank never keep record of when they deliver Cheque return memo, so u r king.[only dt of issue is written, and NI Act says date of receiving, or came to your knowledge the dis chq . So Limitation for issue of Notice starts from the date of knowledge, and it is U , who state it.
by hand notice can also be tried, [only obtn his sign, no dt. tactfully.]
Q of a day or two, so considered.

Everything is fair in the interest of Truth & Justice.

Guest (Expert) 30 September 2012
Dear Shri Shroff,

The querist has already made a mention of "receipt dated 28-aug-2012." Although there is a provision in sec. 138 about giving a notice, in writing, to the drawer, of the cheque, "within thirty days" of the receipt of information, BUT I don't think the bank officials when called for evidence, would admit that the intimation was provided three days later than the actual date noted on the intimation, or even the judge would give any consideration on the issue of late receipt of the intimation.