My builder gave me a cheque for Rs. 4 Lakhs as a refund, but it bounced. I sent him a legal notice within a month, as required. He didn’t respond within 15 days, so I had to file a case within 30 days. Unfortunately, I missed that deadline. However, the cheque is still valid. Can I deposit it again and if it bounces, serve him a fresh notice? Will the court consider this second notice even though I already sent one before? I’m worried about what to do next. Any advice would be greatly appreciated. Thanks, Prakash R.

Apni Law
Apni Law
Law Forum › Category: Cheque Bounce › My builder gave me a cheque for Rs. 4 Lakhs as a refund, but it bounced. I sent him a legal notice within a month, as required. He didn’t respond within 15 days, so I had to file a case within 30 days. Unfortunately, I missed that deadline. However, the cheque is still valid. Can I deposit it again and if it bounces, serve him a fresh notice? Will the court consider this second notice even though I already sent one before? I’m worried about what to do next. Any advice would be greatly appreciated. Thanks, Prakash R.
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Apni Law Staff asked 2 years ago

My builder gave me a cheque for Rs. 4 Lakhs as a refund, but it bounced. I sent him a legal notice within a month, as required. He didn’t respond within 15 days, so I had to file a case within 30 days. Unfortunately, I missed that deadline. However, the cheque is still valid. Can I deposit it again and if it bounces, serve him a fresh notice? Will the court consider this second notice even though I already sent one before? I’m worried about what to do next. Any advice would be greatly appreciated. Thanks, Prakash R.

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Best Answer

Apni Law Staff answered 2 years ago

While the cheque is still valid, depositing it again and serving a fresh notice after missing the 30-day deadline to file a case may not be legally sound. The court may not consider the second notice as a standalone action and could view it as a delay tactic. It’s advisable to consult a lawyer immediately to explore all options and determine the best course of action given your specific situation.

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