Check bounce

The cheque has already lost its validity of 3 months in December 2019, how it was accepted / dishonoured by Banker in October 2021? 

The narration is poor and not precise. The English is also poor. Hence it is difficult to understand the case. What does Sept-19 mean. Was it Septemeber, 2019 or 19th September, 2021?  It appears that you have lost the case due to mismanagement of the case by you or your lawyer.  

In my opinion there was no reason to send notice a second time. Under Section 27 of the General Clauses Act, the reuirement of Section 138 is satisfied once the demand for payment was made by registered post to the last known address of the accused within the stipulated time. The only problem would be to fix the date on which the accused refuses to pay. Some 15 days from the date of issue of the demand has to be assumed for the purpose and within one month of that case is filed.

The second notice was sent on 26th October, 2021. As it was more than 30 days of bounce of the cheque, it does not satisfy the requirement of Section 138.

You count from the demand made by you on 1st October, 2021. Allowing 15 days, October 16th can be taken as the date of refusal by the accused. You should have filed the case before November 15, 2021. Still as the date of refusal is vague you can still try. 

Can you please answer below query

Check dropped date: Sep-19-2021

Query 2:We have acknowledgement of we paying amount to the person's bank account and we have check bounce document from bank but we lost cheque. Can we still fight and win case 

 

The returned cheque becomes evidence. In the absence of that evidence other alternative to the satisfaction of the court will have to be produced. You try with your bank whether they have any record which can serve as evidence.