A person gave a cheque to me to the amount he owed to me as he bought AC and Grocerries in Metro Hyderabad. I paid to both purchases happened in March 2017. He gave me cheque which was valid until 30th Septemebr 2017, I deposited this cheque two times in my Bank account. 1st time Bank employee called me and asked me to collect bounced cheque, I collected and re-deposited in the same branch 2 days later. 2nd time also cheque was bounced, cheque was returned to me only after 2 months as cheque was delivered to incorrect address. Now I have bounced(bounced 2 months ago) cheque with me, I informed issuer that cheque was bounced in Whatsup because his mobile phone is NOT working, I have two numbers of his. Both numbers are NOT working, but he is onlne in whatsup. He did NOT reply to my whatup message, he is just neglecting I do NOT have his address, but I can get address from Metro cash and cary where he bought AC and gave delivery address. Please suggest me suitable next step
Hello,
You have already exceeded the time limit of issuing the legal notice and filing the case as per section 138 of the NI Act. Also, note that you can now take out the address from METRO and send him a legal notice for repaying back the amount and also then you can file a case in the court with an application for condonation of delay.
Let me know if you want me to send the legal notice.
Regards
Firstly, keep the chequers with you and also previous message history if any with regard to the amount.
Secondly, serve the legal notice to that gut either via email or Wats app or by post.
Thirdly, wait for 15 days if no reply then file a criminal case against that guy before the metropolitan mazistrate.
Good Luck...!
1) issue legal notice to drawer that cheque has been dishonoured on presentation
2) ask him to make payment within period of 15 days of receipt of notice
3) if he fails to make payment file complaint under section 138 NI for dishonour of cheque
4) you can also file summary suit to recover cheque amount
find out his address as soon as poissible as your getting late, send a legal notice to him with 15 days notice period to file case in cheque bounce matters limitation is 45 days from the date of cheque memo. if you has passed the 45 days then you can go for civil suit for recovery of money. as cheque bounce is quasi criminal matter 138 complaint is always best for it if you have not exceeded the limitation.
Dear Concerned,
Source the address and send a legal notice followed by filing a case under section 138 of Negotiable Instrument act, along with application for delay con donation
Best of Luck .
Even now cause a legal notice to him to repay the debt.
If he didn't respond, file a complaint within 30 days and the bank's memo will explain the date of presentation, refusal and intimation which will help you to justify.
1. Section 138(b) prescribes that Notice u/s 138 can be given WITHIN "THIRTY DAYS" OF RECEIPT OF INFORMATION BY HIM FROM THE BANK regarding the return of the cheque as unpaid.
2. DUE Notice can be given within the said time limit, BUT accused address should be proven and deliverable properly, for the Court to take cognizance, OTHERWISE the matter shall become infructuous, at the hands of Lawyer of Accused.
Keep Smiling .... Hemant Agarwal
Dear Client,
Cases of cheque bounce are bound by time limitation . Issue legal notice right now by hiring advocate.
On what date u received bounced cheque ?
Read Sec 138 Negotiable Instrument Act.
U might need to file application for condonation of delay in filling complain.
1. When the cheque gets dishonoured due to insufficiency of the funds in the account of the drawer then the payee has to send a demand notice under Section 138 NI Act within 30 days from the date of reciept of cheque bounce intimation from the banker.
2. If you have not issued the demand notice as mentioned aforesaid then you should present the cheque again in the bank and get it bounced and thereafter serve a demand notice, but this can be done only and only if the cheque is still within its validity period. If, however, the cheque has crossed its validity period then you cannot file a cheque bounce case. The only remedy then for you is to file a civil suit for recovery of money
[deleted] - cheque was issued to me [deleted]st time cheque was bounced [deleted]nd time cheque was bounced , Bank sent cheque to incorrect postal address in Bangalore , and took two months to recall it and handover it to me. Does Bank have liability in failing NOT returning cheque to me within time?
Only after receipt of intimation from bank can notice be issued
You have to issue notice within period of one month of receipt of intimation from bank
You can redeposit the cheque once again in the bank and get the new date on the return memo.
u have lost ur time for filing a case u/s 138 of N I Act. U can send a legal notice and claim for the loss sustained in default file a suit for recovery before consumer court. And for recovery of money from person concern lodge a complain against the culprit in the concern P.S. If they does take complain sent the same by post and register FIR through Court.
Dear Sir,
Sorry to inform you that you cannot file cheque bounce case on the said bounced cheques as the same are time barred. However you may take civil action by way filing a suit for recovery of money. No action can be taken against the bank, because the customer must be very diligent in taking back the bounced chequed. Any you have a right to file a civil suit within a period of three years from the date second bounce.
As you know that the maximum period of expiration of a cheque is only three months from its date , so the period already expires. Now this cheque is not valid for filing the case under 138 N.I.Act.
But you may recover the loan amount after filing recovery case or under 37 CPC ,which is very fast suit for this purpose.
Bank is not liable to return the cheque in question and will never accept their fault .Even , if bank will accept the mistake , RBI guidelines will be there for the maintainability of cheque.
Better to file a civil suit for the recovery of your loan amount.On the basis of cheque , you will get your amount.
file cheque bounce case against him. first send a legal notice.
Dear,
First of all, you should have visited your banker immediately to collect the cheque when you got the intimation of the dishonor of the cheque for the second time before they dispatched the cheque to your address (incorrect address) You should have acted swiftly as you probably would have received a message of dishonor of the cheque on your mobile phone. It is the responsibility of the drawee of the cheque to see that he take steps to proceed further against the drawer of the cheque when he receives the intimation of the cheque dishonor. However, in this case, the bank is responsible for not handing you over the bounced cheque within the limitation period to enable you to file cheque bounce case against the drawer. Though the limitation period to file the cheque bounce case is over, you can still file the case along with condone delay petition explaining the reason for the delay in filing the case after 15 days of mandatory period of serving of legal notice. Apart from this, you can file a consumer complaint in the jurisdictional consumer forum against the bank for their negligence and claim damages for the mental harassment suffered by you due to the activities of the bank.
Get a letter from bank and include the bank manager as witness. Bank is liable under deficiency and negligence under consumer law.
1. The bank holds the cheque in capacity as a trustee of the drawer or payee. It can be sued in the civil court through a suit for compensation.
2. The statutory notice for demand of money has to be sent to the drawer within 30 days from the day on which you received the cheque returning memo from the court.
Dear Query Raiser,
Please inform whether the first time the cheque was returned to you by post or by hand delivery, as in this case when you were informed about the dishonor of cheque then it was your responsibility to get the same collected for further process.
Please let me know the process of the Bank.
[deleted] - cheque was issued to me [deleted]st time cheque was bounced, I got SMS from Bank and Bank employee called me to collect bounced cheque I went to Bank and collected it [deleted]nd time cheque was bounced , I got SMS from Bank, after a weak I went to Bank to collect bounced cheque. Bank employee said they DID NOT have cheque it was delivered to an address in Hyderabad. I asked for address, they do NOT have exact address. Bank employee took request from me for knowing address so that I could go to that address to collect it. Bank took another weak to get to know that cheque was delivered to my old address in Bangalore. I shifted to Hyderabad in July 2015, subsequently transferred Bank account to Hyderabad. When I asked why the cheque was delivered in Bangalore, Bank employee said Bank system has both new address(in their core banking system) and Old Address in their ( front-end system ). This is understood to be fault with Banking system. When I demanded I was in need of bounced cheque , they took it up with DTDC courier to recall consignment from Bangalore and they got it in a month.They called me to Bank and handed over it to me with a letter by Bank manager and dates when it was handed over to me. Whole process took more than 1 month in Bank itself. Notes: 1) Cheque validity is over 2) 2nd time Cheque was bounced in August 2017 3) Cheque was handed over to me in December 2017 by Bank 4) Have a letter from Bank about dates - bounced date, cheque returned date 5) There was NO answer from Bank to Question - why they have to maintain 2 postal address in Account 6) I contacted Bank Customer Care team many times for why they have 2 address, and Nodal Officer did NOT try to understand customer concern. They kept on telling they were trying to recall courier and get back my cheque. They did NOT understand original question - Why NEW and OLD address existed in the system and if existed for history - why NEW address is NOT marked for communication - 2 months delay has been due to this root cause. Bank team did NOT realize.
you can still issue notice of dishonour of cheque to drawer
2) you can also file summary suit to recover your dues
I had already suggested u with the remedy before send legal notice to the bank claiming for ur loss and if they ignore then file a case for recovery and from the culprit u need to register FIR u/s 420 and also can file money suit for recovery of the aid amount
Instead of making Multiple calls / Writing emails to bank and courier partner, follow the below steps.
1. Even if the time limit is crossed to file case u/s 138 NI Act, You still have time to file criminal case against him u/s 420,405,406 of IPC.
2. Issue legal notice to his whatsApp No ( It is admissible by court ) demanding your money back in stipulated time before you file summary suit against him.
Hello,
You may issue a legal notice to the person and then on the ground that there was a fault on the part of the bank because of which you could not have filed a case in the court of law.
You can file an application for condonation of delay.
Regards
Contact a local lawyer for the same.
As said earlier, you can file a complaint and include manager as witness.
Explain the rationale behind the delay in filing the complaint.
Keep the legal nuances behind and attempt to send a notice and file a complaint.
Limitation start after the intimation from bank. take it December and no its Jan - One month over ?
Legal Notice within one month on intimation from bank.
1. YOUR original query was relating to Bounced Cheque, which is now time-barred. BUT delay can be condoned off by the Magistrate, due to the available documents in hand.
2. WHEREAS, if there is a delay /negligence /deficiency by Bank, THEN you can seek recourse, for the financial loss, thru the local Consumer Court /Forum.
Keep Smiling .... Hemant Agarwal
The cheque was issued to you on 30.05.17 and your last date of bounce was 30.08.2017 , it means you have presented the same within the period of limitation fixed as per law , but finally you got the said cheque from the bank in the month of December,2017 due to fault of Bank official.
Legally you have crossed the date of filing the case under section 138 of N.I.Act as i have written earlier.
Try to take an undertaking from the bank ,that due to some clerical mistakes ,they handed over the said cheque in the month of December,2017.
After getting such undertaking from the bank you should file the criminal case for the recovery of your amount.
As due to fault of bank you could not file the case within the limitation period.
The courts have held it legally valid notice and the service of summons through whatsapp if there is a double click against the receiver in whatsapp for having served the summons on him.
You can file a cheque bounce case against him by mentioning the address what you have from his receipt from metro.
[deleted] - cheque was issued to me
[deleted]st time cheque was bounced
[deleted]nd time cheque was bounced , Bank sent cheque to incorrect postal address in Bangalore , and took two months to recall it and handover it to me.
Does Bank have liability in failing NOT returning cheque to me within time?
With the proof of bank returning the bounced cheque at a later date, you can file the cheque bounce case computing the limitation period from the date of receipt of the returned cheque from bank
The delay is due to bank'\s error and not due to your fault hence you may not be worried about it.
You can file the cheque bounce case as per the letter issued by the bank with the date of return of the cheque to you.
Dear,
As I mentioned in my earlier post, you can file cheque bounce case on the drawer of the cheque as well as a consumer complaint on the bank. You have a good case on hand. If you are keen on filing the cheque bounce case, when you go to the court for filing the cheque bounce case, you need to properly explain to the court superintendent about the negligence and overlook of the bank to deliver the cheque on time which in turn prevented you from approach the court within the limitation period to file the case. Upon convincing the superintendent, your complaint will be accepted and will be numbered, thereafter, you can proceed with the case. Same goes with the consumer complaint against the bank. Approach the consumer forum, file the complaint against the bank and claim damages for their negligence from them. All the best!
Dear all, I am thankful to everyone for your valuable time in providing valuable suggestions. All are helpful. Based on your suggestions, I am decided to go ahead with giving Legal notice on Whatsup with help of local Advocate with one of reasons Cheque issuer just neglected this liability to repay. You are all requested to inform what next steps are, upon serving Legal notice- wondering if it is a lengthy process involving in FIR with police or we can directly go to court of law for proceedings. I know him as a OLA Car Service provider, he deliberately neglecting to repay due to may be without knowledge of implications in this matter. I shall also approach consumer court for Banker's fault in returning the bounce to cheque.
1. Your limitation period of 30 days to send the legal notice to the drawer for dishonour of cheque begins to run from that date on which you received the cheque returning memo from the bank.
2. Hurry and send the notice if you are still within the limitation period.
Send legal notice through post not by watsapp
1. Even after multiple replies by our form advocates, you did not mention the value of the cheque yet.
2. Get the estimation cost of your case from an advocate. proceed accordingly.
Send legal notice by regs post or speed post
2) then file summary suit to recover your dues
3) you can also file complaint against drawer fir dishonour of cheque under section 138 NI
Notice should not be sent through whats app
A legal notice will be sent through an advocate
thereafter a case will be filed in the court u/s 138 of the NI Act.
Please contact a local lawyer, who can do the needful for you
Regards
After serving him with a legal demand notice, you can approach court with a cheque bounce case agaisnt him.
There is no necessity to approach police with a complaint if you have initiated cheque bounce case.
No doubt filing a cheque bounce case will not bar you from lodging a criminal complaint for the offences of cheating against him.
You dont have any reason for dragging the bank to consumer forum for the delay in returning the bounced cheque since the same has been retrieved and handed over to you and you have successfully filed the cheque bounce case.
Send a legal notice to his address, calling upon him to clear your dues.
File a summary suit fr recovery is he fails to comply with the legal notice.
Also send via registered post on last known address. rest ur advocate will tell .
15 days payment period,
after 15 days lapse, complaint in court with in 1 month.
Whatsup notice is of no use, send it by RPAD.
Once notice received and he didn't honour, complaint under s.138 r/w 142 has to be filed.
No necessity for FIR.
You have to send him notice u/s 138 of Negotiable Instruments Act 1881 within 30 days of the date of receiving the intimation from bank about the dishonour. If you don't receive payment after 15 days from receipt of your notice. You have file complaint withing 1 month before the appropriate court for the same.
Dear,
Upon serving with the legal notice (it is better you get issued the legal notice through a lawyer on his letter head not through whatapp) after completion of the notice period, approach court and file the case.
you can directly lodge the case in court under section 200 crpc. that is much easier and the quicker than police route.
you can go to consumer court for bad quality service rendered by bank.
Hi,
As suggested by many learned advocates/friends, you are suggested to proceed, send a legal notice and also try to get his contact address so that other proceedings can be done through that address.
