N.i.act
SRIBHASHYAM MURALIDHAR
(Querist) 14 September 2011
This query is : Resolved
one of my client gave some amount towards advance to purchase plot to his friend. Later his friend declined to register the plot in favour of my client. As such, my client demanded him to pay the amount paid by him. The said person issued cheque in favour of my client, that he will keep suffined amount in his and requested my client to present said cheque after one month. My client presented the said cheque to his banker and the same was dishonoured. Having come to know about the dishonour of said cheque, the said person issued notice to my client, that he will pay the amount under the cheque, through due process of law.
My question is whether i have to issue Legal Notice to the said person to pay the cheque amount or to ask my client to present the cheque again to his banker to fulfill the requirments U/Sec.138 of N.I.Act
Advocate Bhartesh goyal
(Expert) 15 September 2011
Issue legal notice to drawee within 30 days from dishonour of cheque and demand the cheque amount.If drawee fails to pay the cheque amount within 15 days of receipt of notice then file complaint u/s 138 of N.I.Act against him in court.
Biswanath Roy
(Expert) 15 September 2011
I advise your client through you to present the cheques to the banker again in case if those will be dishonoured it will be a good case u/s 138A N.I Act
ajay sethi
(Expert) 15 September 2011
agree with experts that legal notice has to be issued within 30 days of dishonour of cheque . if 30 days have passed present cheque again and then issue legal notice
SRIBHASHYAM MURALIDHAR
(Querist) 15 September 2011
Thank u Sri Ghartesh Goyal, Sri Biswanath Roy and Sri Ajay Sethi for your suggestions
