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vipinfo   17 June 2019

Cheque bounced & issuer refused to accept notice, plz help

One person with whom we had good relations took 3 lakh rupees from us as a loan against which he gave us post dated cheque as a gaurantee. When the date came he developed an ill-will and cheque got bounced for the reason of insufficient balance. Clearing memo date was 20-May-2019.

We sent him legal notice via registered A.D. and he refused to accept that notice as per the post-man, postman says he has returned the notice back to sender (we) mentioning that receiver is not accepting the notice. Now please suggest what can we do. Its only 3 days left now, as per my knowlegdge we need to send notice within 30 days of clearing memo date issued from bank. Any help will be appreciated.



Learning

 3 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     17 June 2019

You have already send notice so follow your advocate's advice. If you are not satisfied with him you can always change the adovcate. Don't get confused with other's advice. 

Adv Deepak Joshi +917017821512 (Advocate)     17 June 2019

In case he has refused to take notice, it will be considered as duly served you should file case in competent court for relief.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 June 2019

You can file case under Section NI-138. But note that there is a time lmit for filing case also. How did you pay the 3 lakh rupees?  If you had paid cash then your case will be weak. What kind of evidence do you have that you have paid the money?


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