Check bounced Check bounced

4 years ago

A giving amount of cheques at the time check will be not clear due to insufficient fund what is possible action we should take to the sender please suggest

ASHISH SAMAL

Responded 4 years ago

A.First of all you will serve legal notice within the stipulated time i.e 30 days from the date of dishonor of the cheque and 15 days time will be given to repayment of aforesaid cheque amount, after completion of the said period you will file case u/s 138 of N.I Act.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Dhrubaraj

Responded 4 years ago

A.You can file Cheque bounce case.
Procedure for filing a Cheque bounce case U/S 138 of the N.I Act.
At first send a legal notice through advocate within 30 days of such Cheque bounce mentioning 15 days time limit. After lapse of 15 days if no payment has been received then you can file a complaint before the magistrate court under section 138 of the Negotiable Instruments Act within 30 days from the expiry of 15 days of time limit.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Shreyash Mohta

Responded 4 years ago

A.First he shall serve you with a legal notice to pay the money within a stipulated time period, failing which he shall thereafter file a case u/s 138 NI Act.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Sanjay Kumar Jha

Responded 4 years ago

A.Dear client,
If cheque has bounced with insufficient fund then that case you may issue a notice for the cheque bounced to the issuer.
If reply receive by you for such notice for payment then well and good. If fails to di then you may file a 138 NI case at court of your jurisdiction.
Thanks
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Manjula Shanmugasundaram

Responded 4 years ago

A.First you need to send him a notice. If he pays the amount within 15 days, you accept it. If he doesn't pay, you haveto file a Complaint before the relevant Magistrate Court.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Rameshwar Dadhe

Responded 4 years ago

A.He will file complaint against you under section 138 of NIA .
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 4 years ago

View All Answers
A.Dear Sir,
You can even offer such amount on the day of case if cheque bounce case is filed.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Suneel Moudgil

Responded 4 years ago

A.serve legal notice, if the cheque has been bounced, within 15 days
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Randheer Bahadur

Responded 4 years ago

A.Give a legal notice within 30 days of acknowledgement from the bank.

Regards.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconFD as a security for bail
Dear Client, Generally, FD can considered as a legitimate form of security for bail in cheque bounce case. However, in most of the cases it involves specific procedural requisites, wherein, the bank c...
question iconCheque bounce due to stop payment.
Dear Sir, You just file cheque bounce case against him and then let him contest the case and prove his defence which is very hard.
question iconCheque bounce
Dear Client, According to Section 138 of Negotiable Instruments Act, cheque bounce is a punishable offence with an imprisonment of up to two years and fine up to twice the amount of cheque. So, the ag...
question iconCheque bounce case
Dear Client, a cheque bounce case under sec 138 of the NI act must be filed within 1 month of the act and legal notice must be sent within 45 days of the offence, but if the arrest is made 5 years af...
question iconCheque Bounce - Section 138 Negotiable Instruments Act
Dear Client, Unlike a civil summons, which initiates a lawsuit, a criminal summons doesn't trigger the criminal proceedings. It simply serves as a formal notice notifying the accused of the charges a...