Yes. But now even after summons you can pay the amount of cheque before the court on first date if you are willing to settle
Query on legality of cheque bounce case
I have got two cheque bounce cases running with a bank First case was filled in 2018 for which I was attending the dates Here dates are important... For the Second case the cheque was presented on November 5 2019. Legal notice from bank advocate was sent on 14 Nov 2015 for check ammount of 13.5 lakh. On 25 Nov bank sends Valid court summons with Court stamp seal on my mail id to appear before court... On the summons the case number was of first case and the ammount was 13.5 lakhs claimed in legal notice.... The appear date mentioned was 24 Jan 2020 written on summons. The filling date is 10 Jan showing in records... The question I have I this case not immature as legal The legal notice send is on 14 November and summons send on 25 Nov... According to rules I know the 15 days period should be given prior to legal notice Before summons ?
Asked 4 years ago in Criminal Law
Religion: Hindu
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9 Answers
Step 1 Dishonour of Cheque and receipt of information from banker.
Step 2: Send a notice within 30 days of receipt of such information. If drawer takes steps and you receive your dues before expiry of notice period, you can escape legal proceedings.
Step 3: Lapse of notice period in 15 days.
Step 4: If no action is taken by drawer, you can now file a criminal case against him.
They could have filed after 29th November. They must have mixed it. Yeah you're right. Take this plea before the court.
- As per the limitation Act, the compliant should file after giving 15 days time from the date of sending the legal notice.
- Since, the legal notice date is 14.11.2015 then a compliant should file after 25 Nov
- Further if the case is filed within the period of 15 days then this case is not maintainable legally.
You are correct
second case is not maintainable as it has been filed prior to expiry of 15 days time for making payment
Please engage an advocate to defend your case, as it appears from the facts stated that the bank had rushed with filing of suit against you without giving you sufficient time as required under the NI Act.
This appears to be a defective case because the bank has not given waited for the completion of the statutory period for the opposite person to comply with the demands made.
Now it is more than one and half year after the court trial proceeding began.
What is the status of the case?
You may revert with more details so that more proper opinions can be rendered.
1. Irrespective of mentioned facts, IF you have received Court Summons, THEN you have to duly appear in Court.
2. You may mention the facts and get the case dismissed, for legal default, by following due procedures of law.
Keep Smiling .... Hemant Agarwal
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Dear Querist
As the Bank issue the notice on 14.11 and on 25-11 you received the summons from the court, hence the complaint filed by the complainant is premature and liable to be dismissed.
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Dear Client,
A legal notice should be sent within 30 days from the date the cheque was presented and returned back by the bank to the drawer and the notice must also mention that if the amount is still not paid within the stipulated time period of 15 days, then appropriate legal action as prescribed under the Negotiable Instruments Act, 1881 shall be instituted against the drawer. After this, you can initiate the case and send the summons immediately.
Thank you
