how to put a cheque bounce case

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

MOBILE NO.09325226691,09271971251

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

e.mail.nandkumarbs@sify.com

REGARDING THE CHEQUE DISHONOURED KINDLY NOTE THAT

1.YOU COLLECT THE ORIGINAL CHEQUE ANDTWO  BANK MEMO GIVING REASON FOR DISHONOUR OF CHEQUE.ONE WILL BE FROM DEPOSITING BANK MEANS YOUR BANK AND ANOTHER WILL BE THE BANK OF YOUR PARTNER.

2.UNDER NEGOTIABLE INSTRUMENTS ACT. SECTION 138 ,YOU MUST ISSUE A NOTICE OF DISHONOUR OF CHEQUE MENTIONING ALL FACTS AND CHEQUE NO DATE AND AMOUNT AND NAME OF BANK AND  TRANSACTION FOR WHICH THE CHEQUE WAS ISSUED.YOU HAVE TO MENTION THE DATE OF DEPOSITING THE CHEQUE FOR CLEARING AND THE DATE OF DISHONOUR OF CHEQUE. IN YOUR NOTICE .

3.YOU HAVE TO DEMAND THE AMOUNT OF CHEQUE FROM THE PERSON BY SENDING LEGAL NOTICE BY REGISTERED POST A.D. AT THE ADDRESS OF THE PERSON WHO ISSUED THE CHEQUE WITHIN FIFTEEN DAYS OF DISHONOUR OF CHEQUE

4.IN CASE THE PERSON WHOSE CHEQUE WAS DISHONOURED  REPAYS THE ENTIRE AMOUNT OF CHEQUE WITHIN FIFTEEN DAYS FROM THE DATE OF SERVICE OF NOTICE ON HIM THEN THE MATTER ENDS..

5 BUT IN CASE THE DEFAULTER DID NOT REPAY WITHIN THE SAID LIMIT, A CRIMINAL CASE UNDER SECTION 138 OF NEGOTIABLE INSTRUMENTS ACT MUST BE FILED WITHIN A PERIOD OF 30 THIRTY  DAYS FROM THE DATE OF SAID PERIOD IS OVER.

KINDLY SEND DETAILS IN CASE YOU NEED ANY URGENT HELP

WITH BEST REGARDS

THANKING YOU 

YOURS SINCERELY

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

I have gone through your query.You have to send a legal notice as envisaged under the relevant proviso of N.I.Act and you have to wait for a period of 15 days from the date of service. If the drawer of the cheque fails to pay the amount within expiry of 15 days then the act of the defaulter attracts offence under sec 138 of N.I Act criminal action  can be launched against him. 

please find the attached file it will be useful to you.

Regads,

Monali

I have a small rectification to Mr.Nandakumar's advice. The limitation period to send legal notice is 30 days from the date of dishonour and not 15 days from the date of dishonour.