• Cheque bounce

Hi,
I have given one cheque to my friend long back and i forget about that. Now he bounced the cheque in bank in 2016 and i have not received any notice on that. Now he is afraiding me and telling that he will send the notice in 2017. Can he is able to send notice as cheque got bounced in feb 2016 and in june 2017 he wants to send notice. What i need to do?

T & R,
Asked 7 years ago in Criminal Law
Religion: Hindu

4 answers received in 30 minutes.

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9 Answers

1. IF THE CHEQUE IS DISHONOURED IN THE 2016 THEN THERE IS NOTHING TO WORRY.

2. As on the basis of the bounced cheque the case can be filed only within one and half month after.

3. So do not worry as since he has not sent any notice in 2016 now such notice even if sent shall have no force in the eye of law.

Devajyoti Barman
Advocate, Kolkata
22822 Answers
488 Consultations

5.0 on 5.0

legal notice has to be sent within period of one month for fling complaint under section 138 NI

2) however your friend can file civil suit for recovery of money even after one year

Ajay Sethi
Advocate, Mumbai
94719 Answers
7532 Consultations

5.0 on 5.0

summary suit for recovery of money can be filed within period of 3 years by your friend

2) no complaint for cheque bouncing is maintainable

Ajay Sethi
Advocate, Mumbai
94719 Answers
7532 Consultations

5.0 on 5.0

if your friend doe sent have any documentary evidence besides cheque it would be difficult for your friend to recover his money

Ajay Sethi
Advocate, Mumbai
94719 Answers
7532 Consultations

5.0 on 5.0

1. Demand notice after dishonour of a cheque has to be sent within 30 days from the date of intimation by the bank, not later than it.

2. So if he does not send you the notice within 30 days then his case of cheque bounce cannot survive

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

As per Negotiable Instruments Act 1881 any cheque can be deposited with the any number of times, but once the notice has been issued private complaint must be filed before concerned court within 30 days from the date of return of statutory notice, if not the complaint can be filed within reasonable delay by condonation of delay petition showing reason for non submission of complaint within stipulated period. No second notice can be issued in respect of cheque bounce criminal prosecution case particularly for a cheque bounced in the month of February 2016. Issuing Second notice for a cheque bounce case is not permissible under NI Act. Compliant on the basis on second notice is not maintainable. You nothing to do just wait for how he will proceed.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

I have given one cheque to my friend long back and i forget about that. Now he bounced the cheque in bank in 2016 and i have not received any notice on that. Now he is afraiding me and telling that he will send the notice in 2017. Can he is able to send notice as cheque got bounced in feb 2016 and in june 2017 he wants to send notice. What i need to do?

Dont worry, let him send a notice, it is not maintainable.

It is barred by limitation.

However you do not give any reply to the notice or else it may considered as an acknowledgment.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

Is there any issue with the above cheque bounce notice

You may receive the notice and dont give any reply to that notice.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

Also he dont have any proof except cheque.

Then he may not be eligible for filing recovery suit too.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

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