Fortmat of notice for cheque bounce civil suit
Adv. Mohan Chandra
(Querist) 19 April 2013
This query is : Resolved
A client had made payment of dues by cheque in September 2012 which bounced and no action was taken by me in good faith during the statutory period, I would like help of friends here on procedure to file a Civil Suit and if it can be filed under N.I. Act and will appreciate if help is received in drafting the notice or format of a notice for recovery under Civil Suit is given.
Thanks
ajay sethi
(Expert) 19 April 2013
you cna file summary suit for recovery of outstanding duues .
for issue of notice mention facts of case , cheque issued in discharge of debt , cheque bounced , ask drawerto make pay outstanding amount with interest within 15 days failing which suit would be filed
R.K Nanda
(Expert) 19 April 2013
no fixed format for it.
Raj Kumar Makkad
(Expert) 20 April 2013
Formats are not provided on this site and moreover, the cheque bounce case is criminal, however, the recovery suit is civil if is filed on the basis of cheque.
Raj Kumar Makkad
(Expert) 20 April 2013
Formats are not provided on this site and moreover, the cheque bounce case is criminal, however, the recovery suit is civil if is filed on the basis of cheque.
Rajarshi Bhowmik
(Expert) 20 April 2013
no formats inspite of civil suit u may file under niact with a petition u/s5 of limitation act
J K Agrawal
(Expert) 21 April 2013
Dear Mr Rajarshi Bhowmik
I think that application of section 5 is not applicable in a Case of Section 138 NI Act. However if you have any citation please provide.
Thanks
prabhakar singh
(Expert) 21 April 2013
Dear Mr. Rajarshi Bhowmik!
Dear Mr. J K Agrawal is right.
The time prescribed for filing complaint is only 30 days u/s 142 of N.I.Act.
The right to condone delay in filing complaint is especially conferred upon the judicial magistrate by proviso to s.142,which reads:
"2["Provided that the cognizance of a complaint may be taken by the Court after the prescribed period, if the complainant satisfies the Court that he had sufficient cause for not making a complaint within such period.]"
Section 5 Limitation Act has nothing to do with it.
