Kanika

Mandatory to send legal notice in 138 case.

Kanika bhardwaj 24 Nov 2017

Mandatory to send legal notice in 138 case.

In case of a cheque bounce, it is mandatory to send a legal notice within 15 days from the date of returning memo. It is also mandatory to give 15 days time to the accused to settle the issue. Without issuing a legal notice, you cannot file a cheque bounce case against the accused. 


Incase the time limit has been crossed, then you will not be able to file a criminal case against the accused. Then the only way to get the money back will be via recovery suit which is a civil suit. 


Thus, it is advisable to take immediate steps  in case of cheque bounce to secure your right to file a criminal case. Any delay in taking action in case of cheque bounce can bar you from filing a criminal case. 


Did you find this write up useful? YES 6 NO 5
User Comments
ATUL
Case law for it . According to NI Act it is 30 days from the date of knowledge.
ATUL 25 Nov 2017
Send
Digital Payment Systemview all

Active Members

Have you activated yours ?

New Members view all