cheque bounce - I have given loan to friend
9 months ago
Sir I have given loan to friend rs 50000 on jan 2014 and i have taken blank cheque but till date i have not received my loan amount from friend so i have filled the cheque rs 70000 and deposit in bank but cheque bounce so i can apply cheque bounce case in court ni act 138 transaction is 2014
A.Dear Client,
As per Negotiable Instruments Act, legal notice must be sent within 30 days from the date of cheque bounce. Cause of action arises when notice is served on the drawer and drawer fails to make payment of the amount of cheque within 15 days. Limitation to file complaint is one month from the date of cause of action. In case the case is filed beyound that time then the same shall be time barred. So, now you cannot file a cheque bounce case under N I Act which is now barred by time.
As per Negotiable Instruments Act, legal notice must be sent within 30 days from the date of cheque bounce. Cause of action arises when notice is served on the drawer and drawer fails to make payment of the amount of cheque within 15 days. Limitation to file complaint is one month from the date of cause of action. In case the case is filed beyound that time then the same shall be time barred. So, now you cannot file a cheque bounce case under N I Act which is now barred by time.
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A.Dear client,
In general, if a cheque that you have deposited has bounced due to insufficient funds or any other reason, you may have the option to file a cheque bounce case under Section 138 of the Negotiable Instruments Act (NI Act) in India. However, there are certain conditions that must be met in order to file a case under this section, such as:
The cheque must have been issued for the discharge of a legally enforceable debt or liability.
The cheque should have been presented to the bank within the prescribed period, typically within three months from the date of issue.
The cheque should have been returned unpaid by the bank due to insufficient funds or any other reason.
Within 30 days of receiving the information about the cheque bounce from the bank, a notice of demand should be sent to the person who issued the cheque, demanding payment of the amount within 15 days of receiving the notice.
If the person who issued the cheque fails to make the payment within the specified time period, you may consider filing a complaint under Section 138 of the NI Act in a court of appropriate jurisdiction
In general, if a cheque that you have deposited has bounced due to insufficient funds or any other reason, you may have the option to file a cheque bounce case under Section 138 of the Negotiable Instruments Act (NI Act) in India. However, there are certain conditions that must be met in order to file a case under this section, such as:
The cheque must have been issued for the discharge of a legally enforceable debt or liability.
The cheque should have been presented to the bank within the prescribed period, typically within three months from the date of issue.
The cheque should have been returned unpaid by the bank due to insufficient funds or any other reason.
Within 30 days of receiving the information about the cheque bounce from the bank, a notice of demand should be sent to the person who issued the cheque, demanding payment of the amount within 15 days of receiving the notice.
If the person who issued the cheque fails to make the payment within the specified time period, you may consider filing a complaint under Section 138 of the NI Act in a court of appropriate jurisdiction
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