Hello one of our residents in our complex has not paid maintenance charges for last 5 yrs. Total pending was 27000.On sept'18 we got a cheque of Rs 27000. We deposited it and it got bounced. After 5days on sept '18 the flat got sold. New owner now doesnt want to pay pending maintenance charges. We deposited the same bounced cheque again on nov'18. It got bounced again. Question is: a) Can we file a case now on this bounced cheque which got bounced 1st on sept and now again on nov? Since under NI act once a cheque is bounced one have to send notice within 30days. In this case when the cheque got bounced 1st time we didnt send any notice. We bounced the same cheque again so tht we get 30days time to send notice. Is this admissible? We are a registered committee. But we dont have any agreement with the flat owner. B) Can he claim tht cheque was lost? Will he be on advantage by saying tht he is no more the owner when the cheque got bounced the 2nd time?
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1) you can rdeposit the cheque and on it being dishonoured issue legal notice to resident to pay said amount within period of 15 days of receipt of notice
2) on failure to make payment you can file complaint under section 138 NI
3) resident cannot claim that he is not liable as he is no longer owner
4) cheque was issued for payment of outstanding dues to society for maintenance
1. Yes you can issue them a legal notice in one month from the date cheque got bounced.
Yes it will be admissible you can contend that the drawer of cheque promised to when first time it got bounced.
See there is legal debt of 5 year no defence will be tenable.
1. Yes end a legal notice to him within 30 days from the date of bouncing the cheque.
2. If cheque has been issued then it is presumed that he has a legally enforceable that against the same. You are advised to immediately file the case as the time line is strictly followed in the case of 138.
regards
You can complaint against him under section 138 of Negotiable Instruments act.
The Negotiable Instruments Act, 1881 is applicable for the cases of dishonour of cheque. This Act has been amended many times since 1881. According to Section 138 of theAct, the dishonour of cheque is a criminal offence and is punishable by imprisonment up to two years or with monetary penalty or with both.
New owner is liable to pay due maintenance.
The time limit for filing a case under Section 138, NI Act is one month immediately following the day on which the period of 15 days from the date of the receipt of the legal notice expires.
Your society can file case against him. You can again bounce it within 6 months and send notice
As per the society rules the new and has to pay the outstanding amount of the flat before taking possession and society should not allowing to use the common facilities provided and in case of cheque Bounce society can go to the Court against the person who has given the cheque under section 138 of Negotiable Instrument Act After sending the notice to the concerned that in case the payment is not being done in 15 days a receipt of the notice you have all the liberty to move to the court under above section which is panel section
1. You have to first issue a legal demand notice to the drawee of the cheque, get his reply and find if this cheque bounce case is maintainable or not because there is no legally liable debt involved in this.
2. First issue a legal demand notice and then see what is he replying to it, dont jump into conclusions on your imaginations
