Negotiable 138 act
vinodkumar
(Querist) 13 April 2013
This query is : Resolved
A PERSON GIVE ME A CHEQUE FOR MY LEAGLE DUES, FIRST TIME THE CHEQUE BOUNCE, I INFORM A FOR THIS,HE TOLD FOR AGAIN DEPOSITE THE CHEQUE, THEN AFTER FOURTH TIME THE CHEQUE WAS RETURNED NOW WHAT I DO? IF THE CHEQUE IS FOURTH TIME BOUNCE THEN N I ACT APPLICABLE? I CAN ISSUE A NOTICE, LAST TIME CHEQUE RETURNED BEFORE 10 DAYS, SO I CAN ISSUE A NOTICE TO A U/S N I ACT 138B?
Advocate M.Bhadra
(Expert) 13 April 2013
A cheque dishonour notice must be sent by the payee or the holder in due course to the issuer of the cheque within 30 days of the receipt of information by him from the bank regarding the return of the cheques as unpaid.
The notice must state the details of the cheque and quote the communication from the bank that the cheque has indeed bounced. The issuer is bound to respond to the notice and make payments within 15 days of receipt of the notice under Section 138.N.I.Act.
prabhakar singh
(Expert) 13 April 2013
Cheque was received by you against your legal dues you say-do you mean you are a lawyer.?
Anyway a cheque can be presented for encashment for any number of times within it's validity period but before opting to send NOTICE OF DEMAND required under 138 of N.I.Act.
So it is still opened to you to send a notice of demand for the amount of cheque
under section 138 N.I.Act,within 01 month(30 days) to be counted from the date of receipt of intimation from your banker
informing you about the dishonor of the cheque.
You state you got the intimation ten days earlier,hence you do have time to send notice of demand.Send it to his address by a registered post with acknowledgement due
and keep the photocopies of acknowledgement
sheet, envelope and contents of notice as well as original registry receipt safe to gather with bank intimation slip for further action.
On receipt of your notice if drawer of cheque does not pay you the amount of cheque within 15 days offence u/s 138 N.I.Act gets committed giving you right to file complaint within 30 days from his default to pay.
V R SHROFF
(Expert) 13 April 2013
""Cheque was received by you against your legal dues you say-do you mean you are a lawyer.?"
" YES HE IS"
And you can send him notice under 138 ni & lodge complain 15 days thereafter the receipt of notice.
No problem it was presented 4th time
ajay sethi
(Expert) 13 April 2013
did you mention in writing to your cleint that cheque amount would be your fees? has he acknowledged in writing that he has to pay you cheque amount . issue legal notice to your cleint within 30 days of cheque dishonour and wait for his repsonse . then file complaint under 138 ni within stipulated period .
generally lawyers take fees in advance . if you have laready filed case on cleint behalf apply for discharge . he will come to his senses
R.K Nanda
(Expert) 13 April 2013
no more to add.
