Cheque bounce
SURAJIT
(Querist) 17 January 2013
This query is : Resolved
Dear Sir
I was issued a Bank of Baroda cheque by GSFC, vadodra on 10.10.12. when i submitted it at SBI the cheque dishonored. then i called GSFC and narrated the matter and sent the scan copy of cheque along with the remarks of bank for dishonored (reason " drawer signature not as per mandate"). still no action was taken by GSFC. again on 26.12.12 i submitted the same cheque at SBI and this time also the cheque bounced with the reason " drawer signature not as per mandate". then i consulted an advocate and has sent a notice to GSFC on 9.1.13. now my point is that on last 10.1.13 the validity of the cheque (i.e. valid for three months) has exhausted. Please advise what shall i do next ?
Anirudh
(Expert) 17 January 2013
Pl. indicate as to what is the amount mentioned in the cheque?
ajay sethi
(Expert) 17 January 2013
if no reply received wtihin 15 days of receipt of notice file complaint under section 138 NI within period of 30 days .
however if amount involved is not substantial you will end up paying more money in legal fees
SURAJIT
(Querist) 17 January 2013
Sir
the amount is Rs 12,974.00
ajay sethi
(Expert) 17 January 2013
it dosent make sense in filing cheque bouncing case . follow it up personally with the company
Sudhir Kumar, Advocate
(Expert) 17 January 2013
So you have returned only scanned copy of the cheque and want them to issue another cheque without returning the original erroneously issued cheque?
SURAJIT
(Querist) 19 January 2013
Sudhir Sir
soon after the cheque bounced first time i sent them scan copy of cheque along with the letter from the concerned bank ( BoB) where in the reason for dishonor of the cheque was mentioned. ( when i deposited the cheque at SBI they sent it to Bank of Baroda for collection as the cheque was issued from BoB.) as they did not responded again i deposited the cheque this time also cheque dishonored with the same reason and i have issued a notice to them through an advocate to pay my money with in 15 days from the date of receipt of the notice. now my point is that the validity of the cheque has exhausted ( issued on 10/10/12 ) as per RBI guide line cheque is valid for three months only so the validity exhausted on 10/1/13. what should i do next ?
Raj Kumar Makkad
(Expert) 19 January 2013
You cannot file the criminal complaint under section 138 NI Act now and the validity of the cheque has already been expired so file a civil suit for recovery on the basis of cheque, the limitation for which is 3 years from the date of issuance of cheque.
V R SHROFF
(Expert) 19 January 2013
File 138 ni.
He will pay you instead of getting harassed every date to court leaving his job/ business.
Compl need not be pr al date, accused get Warrant & bail etc will cost accused. + Lawyers fees . So u will get ur money bk.
Raj Kumar Makkad
(Expert) 19 January 2013
*Shroff! The validity of the cheque has already been expired prior to depositing it in the bank so how 138 can be filed now?
