I have a check of 7 lakhs from my buyer and i have presentt it 19 dec 2009 but it was bounce then i have made contact with buyer for it and buyer said that i am not well and taking treatment in hospital and i will arrange your money till 20 th jan 2010 therefor i was waiting of 20 th jan for payment but he has refused for the payment today ,now i want to go couart but problem is that on month have benn spent in check bounce but i have keep all the statement of my buyer as mail.
AEJAZ AHMED
(Legal Consultant/Lawyer)
20 January 2010
Dear Kamal Singh Ji,
Your Query needs more information and details; such as
1. Date of Cheque
2. How many times did you presented the cheque for encashment
If the said cheque is in its validity period of SIX (6) MONTHS and prsented by you for encashment as stated and the said presentation also if for the first time then you can present the same cheque again as you didn't yet issue Legal notice for first dis honour.
Therefore don't worry present the said cheque again for realisation and upon dishonor for the second time you can issue legal notice through your lawyer but within the period of one month from the date of receiving of memo from bank. Thereafter your lawyer will look afte your matter.
Without issuing legal notice you can't go to court against your buyer.
There is no need to worry about it, but the cheque has to be presented to the Bank within a period of six months from the date on which it is drawn or within the period of its validity, which is earlier.
You have to present the cheque for encashment thereof, within 6 months of its validity. In other words you can say that you can present it for encashment within 6 months from the date of its issuance.
In your case, if the cheque is in its validity period, you present the cheque again for encashment to your bank. Thereafter you have to get issued a Demand/Legal Notice under section 138 of Negotiable Instrument Act, 1881, within 30 days from the receipt of intimation of such dishonour from your Bank. You have to give 15 days’ time from the date of delivery of such demand/legal Notice. If that person does not make any payment of cheque amount within 15 days from the receipt of such Demand notice, then after the expiry of 15 days’ but within next 30 days, you can file a Criminal Complaint under section 138 of Negotiable Instrument Act, 1881, before the court of Metropolitan Magistrate or a Judicial Magistrate of the First Class, who has Jurisdiction to entertain such Complaint.
As per the provision of section 138 of Negotiable Instrument Act, 1881, such person shall be punished with imprisonment for [a term which may be extended to two years], or with fine which may extend to twice of the cheque amount, or with both.
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