Cheque boun

1. Demand Notice 15 days period starts from the cheque bounce date (22nd April, 2013) or from the date on which I have recv'd back the bounced cheque with Memo (3rd May, 2013).

22 april 2013 is the date you have to count for the cheque bounce and notice to sent

2. Demand Notice should reach to the defaulter company within 15 days or Can I send the Demand Notice on 15th day also via registered Letter.

before 15 days means you have to give him some time to pay the amount or for some compromise

2. I had sent the notice to ABC Shipping as cheque was issued from this company account but I was providing services to ABC Airlines Ltd. Is that a mistake ?

to m/s ABC Airlines as defaulter with name and mention the details of the cheque 

The point-wise reply to your queries is as under:

(1) Demand notice period is not 15 days, but it is 30 days. Moreover, this period starts from the date of receipt of information by you from the bank regarding the return of the cheque as unpaid. I think it should be considered to start on 29^th April 2013 when you first got the SMS from bank giving you “information” that the cheque has been returned unpaid. So, you were required to send the demand notice within a period of 30 days w.e.f. 29^th April 2013.

(2) You can send the demand notice within 30 days from getting information from the bank about unpaid cheque. It is not necessary that the demand notice should reach the defaulter company within that period itself.

(3) The law requires you to send demand notice to the “drawer” of the cheque which is returned unpaid. In this case, it is ABC Shipping who drew the cheque.

Now, I don’t know how you initially accepted the cheque from this company when you had actually given the services to ABC Airlines Ltd. Was there any letter enclosed with the cheque mentioning that they were paying the cheque on behalf of ABC Airlines Ltd. ? Or, is ABC Shipping a division of ABC Airlines Ltd. ?

1)  Demand notice period is 30 days from the bounce of the cheque and the notice can been sent within 30 days period and there is no neccesity that the notice should reach the defaulter within 15 days time

2) The cause of action aroses only when the defaulter receives the notice or unclaimed after intimation by the post man is given or refused to receive notice whatever it may be.

3) You can file the case if the defaulter not pays the cheque amount within 30 days time of Cause of action arosen date.