Timeline for Criminal case on Cheque Bounce
2 years ago
Builder failed to register a property after paying the amount and given cheque after many follow ups. As usual cheque bounced but he is paying at his leisure after continuous followups and sending legal notice. Still i need to get around 9L, when can i file criminal case and what will be normal advocate charges and how long will it take.
A.As you have already sent legal notice you should have filed a case of 138, but now you can file a summary suit for the same. You can file a criminal case now also and the charges would vary from Advocate to Advocate and city where your property is located.
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A.Dear Client,
Your banker had provided you with that information in writing following the Dishonour of Cheque, and you were required to issue a notice to the drawer of that cheque within 30 days of receiving such information, requesting payment within 15 days of receipt of such notice. If the drawer does not pay within that time period, you must initiate a case under Section 138 of the Negotiable Instruments Act, as revised up to date, within 30 days after the time period has expired.
Thank you!
Your banker had provided you with that information in writing following the Dishonour of Cheque, and you were required to issue a notice to the drawer of that cheque within 30 days of receiving such information, requesting payment within 15 days of receipt of such notice. If the drawer does not pay within that time period, you must initiate a case under Section 138 of the Negotiable Instruments Act, as revised up to date, within 30 days after the time period has expired.
Thank you!
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.After Dishonour of Cheque, your banker had provided you that information in writing and you have to send a notice within 30 days of receipt of such information to the drawer of that cheque demanding payment thereof within 15 days of receipt of such notice. If drawer does not make payment within that time period, then after expiry of that period, within 30 days you have to file case under Section 138 of Negotiable Instruments Act ,1881, as amended up to date.
Please take note that it is necessary to know whether you have duly complied with the aforesaid time period or not to give legal opinion on this issue.
Please take note that it is necessary to know whether you have duly complied with the aforesaid time period or not to give legal opinion on this issue.
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