My client issued a cheque on the 2nd of September, 2016. I presented it to the bank on the 4th of September, 2016, but it bounced. I informed the issuer about the dishonor, but only over the phone, not in writing. Now, I’m considering taking legal action. What legal remedies are available to me under Section 138 of the Negotiable Instruments Act, or any other relevant laws, considering the cheque was issued on the 2nd of September, 2016?

Apni Law
Apni Law
Law Forum › Category: Cheque Bounce › My client issued a cheque on the 2nd of September, 2016. I presented it to the bank on the 4th of September, 2016, but it bounced. I informed the issuer about the dishonor, but only over the phone, not in writing. Now, I’m considering taking legal action. What legal remedies are available to me under Section 138 of the Negotiable Instruments Act, or any other relevant laws, considering the cheque was issued on the 2nd of September, 2016?
Vote Up
497
Vote Down
Apni Law Staff asked 3 years ago

My client issued a cheque on the 2nd of September, 2016. I presented it to the bank on the 4th of September, 2016, but it bounced. I informed the issuer about the dishonor, but only over the phone, not in writing. Now, I’m considering taking legal action. What legal remedies are available to me under Section 138 of the Negotiable Instruments Act, or any other relevant laws, considering the cheque was issued on the 2nd of September, 2016?

1 Answers
Vote Up
52
Vote Down

Best Answer

Apni Law Staff answered 3 years ago

Under Section 138 of the Negotiable Instruments Act, you have the right to file a criminal complaint against the issuer for issuing a cheque that bounced. However, since the cheque was issued in September 2016, the limitation period for filing a complaint might have expired. You need to check the exact date of issuance and consult a lawyer for legal advice.

You Might Also Like

A check I received from someone in Uttar Pradesh bounced twice. What should I do?

My case under Section 138 is ongoing in the magistrate’s court. The complainant claims I bought goods from him and presented carbon copies of bills with my signature. I appealed to the Bombay High Court, arguing that the original bills were missing. The High Court ruled that the complainant must provide the originals to help handwriting experts determine authenticity. But now, the complainant claims he doesn’t have the original bills. Will the case be dismissed?

What happens when a cheque bounces in India? How much fine does the court impose on the person who wrote the cheque?

My friend, I’m caught in a tough spot. I’m facing a bounced cheque case, but the cheque itself has never been shown in court! They’re relying on a police report and statement that says the cheque was lost. This case is dragging on for 7 years now because I was studying abroad. What should I do? Settle or fight? If I fight, what are my chances?

I paid Rs. 6.5 lakhs to a land developer for a plot booking. However, he hasn’t allotted me a plot and gave me a cheque instead, which bounced due to insufficient funds. I don’t have any documents like an agreement or booking receipt. Can I legally claim my money back? How can I prove my payment?

Share This Article
Previous Article I traveled to Piravom in Kerala last year to propose to my girlfriend. I don’t have her phone number or current address, but I know where she previously lived. When I went there, a group of people asked me what I was doing in the neighborhood. I told them I was looking for my girlfriend and mentioned her name. They thought I was there to meet her family, but she’s not actually related to them. They mistakenly assumed she was their relative, got confused, and reported me to the police. I didn’t have a photo of her at the time, but I do now.
Next Article My close friend and I are like brothers, and I want to formally acknowledge this with my HR team. This is so they can allow him to stay with me in company housing. Any advice on how to approach this would be greatly appreciated!

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.