Cheque bounce situation

 Dear Mr. Sunny

first of all i want to know that this cheque issued against c

ancellation of flat? if yes then y u r not depositing the said cheque in S'bad in ur a/c.  by this way u need not run to v'patnam always and you can file the case in s'bad also. consult local lawyer

Thanks a lot. I am so much relaxed now. Actally i am also interested to know the time it takes to solve the case. I have been waiting for last one year and i am really going towards frasutration now.

Also, if the cheque issuer instructs the bank to stop the cheque before i submit, then what are my possibilities. Please advice.

 even stop payment instruction given to the banker, 138 of NI Act will be applicable. first you have to deposit the cheque in your bank account. if it is bounce send the leagal notice within 30 days from the dishonour, wait for 15 says for payment after that within 30 days from the waiting period u may file the case within the jurisdiction of your area. You may get ur decision with 2 years from the date of filling

thanks 4  dis information.

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691,09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE CHEQUE AND N.I.ACT.SECTION 138 CASE KINDLY NOTE THAT

1.YOU ALREADY HAVE TWO CHEQUES WITH YOU. YOU FIRST CHECK  WHETHER ON THE CHEQUE YOUR NAME IS CORRECTLY WRITTEN OR THE BUILDER HAS GIVEN YOU SELF CHEQUE.

2.IN CASE YOUR NAME IS WRITTEN ON  THE CHEQUE THEN YOU MAY DEPOSIT THE SAID CHEQUE IN YOUR BANKS AND GET IT DISHONOURED AND THEN SEND A LEGAL NOTICE UNDER SECTION 138 OF N.I.ACT TO THE SAID ACCUSED. IF REPAYMENT OF AMOUNT IS NOT MADE IN LIMITATION PERIOD AFTER SERVICE OF NOTICE THEN YOU MAY FILE A COMPLAINT IN COURT UNDER SECTION 138 OF N.I.ACT WITHIN ONE MONTH AFTER LIMITATION PERIOD AFTER SERVICE OF NOTICE IS OVER.

3.KINDLY NOTE THAT IN CASE OF SELF CHEQUE GIVEN BY THE BUILDER YOU CAN NOT  GET IT DISHONOURED AND N.I . ACT IS NOT APPLICABLE IN THAT CASE.

IN CASE YOU NEED ANY FURTHER HELP KINDLY SEND DETAILS OR CALL

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

SUNNY,BEFORE DEPOSITE PLS CONSULT

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.9271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE CHEQUE KINDLY NOTE THAT.

1.YOU MAY DEPOSIT THE SAID CHEQUE IN YOUR BANK AND SEND IT FOR CLEARING .

2.IN CASE CHEQUE GETS DISHONOURED YOU HAVE TO SEND A LEGAL NOTICE UNDER SECTION 138  OF NEGOTIABLE INSTRUMENTS ACT AND DEMAND THE PAYMENT OF CHEQUE AMOUNT WITHIN 15 DAYS OFNOTICE IS SERVED ON HIM OF  DISHONOUR OF CHEQUE.

3.IN CASE HE IS NOT MAKING ANY PAYMENT TOWARDS SAID CHEQUE AMOUNT THEN FILE A CASE UNDER SECTION 138 OF N.I.ACT IN COURT WITHIN ONE MONTH OF SAID 15 DAYS NOTICE PERIOD IS OVER.

YOU MAY WRITE OR CALL FOR HELP.

THANKS.

Can a bounced cheque on account of closed account can be presented again for the purpose of filing case under section 138 of Negotiable Instruments Act, 1881?

Can a bounced cheque on account of closed account can be presented again ?

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.9271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com

REGARDING THE CHEQUE DISHONOURED DUE TO CLOSING OF ACCOUNT BY THE DRAWER,

KINDLY NOTE THAT..

1.AS THE CHEQUE IS ALREADY DISHONOURED WITH REMARK CLOSING OF ACCOUNT BY DRAWER, THE SAME BANK MAY NOT ACCEPT THE SAID CHEQUE FOR CLEARING .HENCE YOU SHOULD SEND A LEGAL NOTICE WITHIN 15 DAYS OF DATE OF DISHONOUR OF CHEQUE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT.

2.BUT IF THE LIMITATION PERIOD IS OVER THEN PERFECT REMEDY WILL BE TO FILE CIVIL SUIT FOR RECOVERY OF SAID AMOUNT WITH ALL SUPPORTING DOCUMENTS OF TRANSACTION FOR WHICH THE SAID CHEQUE WAS GIVEN.

3.ALTERNATIVELY YOU MAY TRY TO REDEPOSIT THE SAID CHEQUE IN SOME OTHER BANK AND GET IT DISHONOURED AND SEND A LEGAL NOTICE FOR DISHONOUR OF CHEQUE UNDER SECTION 138 OF N.I.ACT.  THERE ARE POSSIBILITIES THAT THE TRANSACTION MAY GET SETTLED IF PARTY IS HONEST.AND WILL COST YOU LESS ALSO. AS COMPARED TO CIVIL SUIT.

YOU MAY WRITE AND SEND DETAILS IF ANY FURTHER HELP IS REQUIRED.

THANKS.

2.BUT

Sirs,

Somebody Help me in my case!!!

We are a Customs clearing and forwarding agency and we do Port clearance and transportation activity from Port. In this activity, usually shipping companies (Owners of containers) collects blank cheques from us for security purpose (normally, this cheques will be used to fill up the demurrage cost upon handing over the empty container to them safely). But, unfortunately, this container laden trailer met with an accident and the container was severly damaged. After this accident, shipping company sent us a legal notice in demand of Rs.11 lakhs towards the damage. Whereas, we have negotiated with them, new container itself Rs.11 lakhs only and this is being 18 years old container and they can not charge the full value and they can only charge them after taking a neutral survey. Also, we have agreed them to pay the cost as per survey report. They kow very well, any machineries will have a residual value only for 15 years and as per surveyor assessment, they have fixed a value for Rs.1.38 lakhs considering only the scrap cost.

Meanwhile, they have filled our blank cheque for Rs.11 lakhs with earlier date (a day before the accident happened) and they have filed a case under NI 138 act.  And the case is in trial stage now.

So, we seek expert advise on this case about how to proceed?

Will be most thankful for your comments.

Sirs,

Somebody Help me in my case!!!

We are a Customs clearing and forwarding agency and we do Port clearance and transportation activity from Port. In this activity, usually shipping companies (Owners of containers) collects blank cheques from us for security purpose (normally, this cheques will be used to fill up the demurrage cost upon handing over the empty container to them safely). But, unfortunately, this container laden trailer met with an accident and the container was severly damaged. After this accident, shipping company sent us a legal notice in demand of Rs.11 lakhs towards the damage. Whereas, we have negotiated with them, new container itself Rs.11 lakhs only and this is being 18 years old container and they can not charge the full value and they can only charge them after taking a neutral survey. Also, we have agreed them to pay the cost as per survey report. They kow very well, any machineries will have a residual value only for 15 years and as per surveyor assessment, they have fixed a value for Rs.1.38 lakhs considering only the scrap cost.

Meanwhile, they have filled our blank cheque for Rs.11 lakhs with earlier date (a day before the accident happened) and they have filed a case under NI 138 act.  And the case is in trial stage now.

So, we seek expert advise on this case about how to proceed?

Will be most thankful for your comments.

what will be the legal situations when cheque is returned due to 

1. mismatch of signature?
2. no such account
3. title of account wrong
4. issued fake cheque
5. issued non MICR cheque and banks are not accepting it.
6. libility of payment is of one firm and gave a cheque of another firm and then purposely bounced?