My cheque, dated [date], bounced due to insufficient funds. The bank sent the notice to the wrong address, so I didn’t receive it. I got the notice through registered post at my correct address 35 days later. Can the court accept this delayed notice under Section 138 of the Negotiable Instruments Act? The court accepted it, but I thought it should be rejected after 30 days. Can you please advise?

Apni Law
Apni Law
Law Forum › Category: Cheque Bounce › My cheque, dated [date], bounced due to insufficient funds. The bank sent the notice to the wrong address, so I didn’t receive it. I got the notice through registered post at my correct address 35 days later. Can the court accept this delayed notice under Section 138 of the Negotiable Instruments Act? The court accepted it, but I thought it should be rejected after 30 days. Can you please advise?
Vote Up
360
Vote Down
Apni Law Staff asked 2 years ago

My cheque, dated [date], bounced due to insufficient funds. The bank sent the notice to the wrong address, so I didn’t receive it. I got the notice through registered post at my correct address 35 days later. Can the court accept this delayed notice under Section 138 of the Negotiable Instruments Act? The court accepted it, but I thought it should be rejected after 30 days. Can you please advise?

1 Answers
Vote Up
34
Vote Down

Best Answer

Apni Law Staff answered 2 years ago

The court’s decision to accept the notice is likely correct. Even though the bank initially sent the notice to the wrong address, the subsequent registered post delivery within 35 days to your correct address satisfies the requirement of Section 138 of the Negotiable Instruments Act. The law doesn’t specify a strict 30-day limit for delivery, but emphasizes timely receipt by the drawer.

You Might Also Like

We were planning to partner with an LLP and transferred some money to them. However, things didn’t work out, and we decided to pull out of the project. The LLP owner gave me post-dated checks for the same amount. Now, I’m worried about what could happen if: The checks bounce. He reports the checks missing before I deposit them. He asks the bank to stop payment. What legal options do I have if any of these situations occur?

My uncle gave a few cheques to five different people. He also took cash from them to invest in his business. Unfortunately, the business failed and he lost everything. Now, these people are threatening to bounce the cheques. Will he be able to avoid legal trouble if they do?

I gave a token amount of Rs. 4,000 for a house I was planning to rent, but the cheque bounced due to low funds. I immediately contacted the owner and promised to pay in cash. When I arrived with the deposit (Rs. 25,000), his uncle was there and refused to accept cash without a proper receipt. He insisted on using a plain white paper for the receipt, which I refused. This angered them, and they tried to force me to pay in cash. I stood my ground and decided not to rent the house. I never signed any agreement or provided any documents. Now, the owner is threatening legal action and a fraud case due to the bounced cheque. He only has my phone number. What should I do?

My company, based in Mumbai, supplied materials to RTS Engineers in Wada on September 3rd, 2016. We were paid with a cheque drawn on Bank of Baroda, Powai, Mumbai, issued by Euroclima Mumbai. Sadly, this cheque bounced twice in the last two months. We’ve been patiently requesting payment since the first bounce, but unfortunately, our requests have been ignored. We’re now considering legal action, including serving a notice and potentially filing a criminal case. What steps should we take to ensure we get our due payment?

I lent ₹3 lakh to someone for granite block production at a 2% interest rate. They gave me a blank cheque. I’m due to receive 18 months of interest, which comes to ₹1 lakh and 8 thousand. Can I fill in the cheque with ₹4 lakh and 18 thousand, my original loan plus the interest, and deposit it for collection? The borrower keeps promising to pay soon, but it’s been a while.

Share This Article
Previous Article As a Muslim man in India, I’m seeking clarity on the divorce process. How long do I need to pay maintenance to my wife according to Islamic law and the Indian courts? Will I also be responsible for child support after the divorce?
Next Article My husband and I have been married for just over a year. He earns about 1.8 lakhs per month, and I used to earn 60k until a few months ago. We’ve decided to separate amicably, and I’ve asked for 60k monthly support for a year, plus 1 lakh for a new place, all the household items brought in by my family, and the jewelry gifted to me at our wedding. He’s only willing to give 60k for 6 months, the household items, and doesn’t want to return the jewelry. What should I do?

Follow US

Find US on Social Medias
Popular News
- Advertisement -
- Advertisement -
Ad imageAd image

📢 Stay Connected!

Join our community on Telegram and WhatsApp for instant updates, news, and exclusive offers.