Cheque bounced due to insufficient funds

Dear Suhel

Alegal notice is to be served upon the drawer of the cheque within 30 days of the reciept of the information of dishonour of cheque i.e. a legal notice is to be issued to the drawer of the cheque by 21st june 2010.

This notice is to be served for 15 days wherein the amt. is to be demanded from the drawer of the cheque.

After the expiry of 15 days from  the day of issuing registered legal notice thereafter within a period of 1 month complaint/legal case is to be filed before the judicial megistrate 1st class

I am residing in chennai and my cheque has bounced .the party has filed a case in delhi district court under 138ni .i have got summons from the court but as per the recent ruling delhi courts does not entertain outstation cheque bounce cases .what is the procedure to change the case to chennai.

Dear Author,

U will have to appear before the Hon'ble Court in Delhi or engage some counsel there who would appear there and would take the jurisdictional objection. It would be dismissed. U can contact me as m from Delhi. My no. is 9871158578.

Can I represent same cheque again in bank.

Suhel

the cheque may be represented as many times as you like before the expiry of the date of cheque and before issuing a legal notice to the issuer of cheque

How this Laminarayan gentelaman has come in between.

You are mistaken belief that since you are living in Chennai no 138 case can be filed at Delhi and once a process is issued you have to go in revision .

sir,

I am aware of 138 ni but there is a recent ruling in delhi on sep 2009 quoting that no outstation cheque bounce case will not be entertained in delhi court.my querry posted earlier was pertaining to this .

You have taken the meaning as per your opinion. It is not true

While issuing process all these things are checked.

And you can raise your defense in trial only so you have to face the trial.

After bounceing the cheqe with in 30 days you have to issue legal demand notice with certificate of posting. then you have to wait for 15days forany reply / for cheque amount. if there is no reply / contact then u have to file N.I CASE With in 30 days

Dear Sir,

I have started a business and closed due to loss a year ago. But I have cheques which were bounced because of insufficient funds but are dated an year old and the issuer is not responding.

Kindly suggest the possibilities of filing a case against the situation.

Hi Suhel,

The jurisdiction to file the cheque case are; where the cheque is issued ,where the defendant resides or where the cheque presented for collection.That means he has filed complained at Delhi because he has deposited the cheque with the bank at Delhi. You have to appear before the Delhi court, get bail and has to conduct the case and in mean time if you have any issue regarding the jurisdiction you can file petition for that effect.

your cheques are stale chaques for NI 138, but you can file civil case for recovery.