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Cheque Dishonour, Check Dishonor, Cheque Bounce, Legal Notice, 138 N. I. Act Complaint, Money Recovery Suit, Order 37 CPC Case, Credit Card

Cheque Dishonour

Legal Notice for Cheque Dishonour, Check dishonor
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138 N. I. Act Complaint and Money Recovery Suit
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Credit Card


Cheque Dishonour Case Law



Section 138 N. I. Act Complaint and Money Recovery Suit Page - 1


Q1. What to do if the Drawer of the Cheque / Check does not make the payment of the amount involved in the Dishonored (dishonoured, bounced) cheque within Fifteen (15) days from the date of receipt of legal notice of demand?

A.
    
You can file Criminal Complaint under Section 138 of Negotiable Instrument Act before the Court against the drawer of the cheque / check.
     Further, you can file Simple Money Suit or Money Suit under Order 37 of the C.P.C. for the recovery of amount involved in the Dishonored (dishonoured, bounced) cheque / check.



Q2. What is the Time Period for filing Criminal Complaint under Section 138 of Negotiable Instrument Act before the Court?

A.
    
Drawer of the cheque can make the payment of the amount involved in the Dishonored (dishonoured, bounced) cheque / checkwithin Fifteen (15) days from the date of receipt of legal notice of demand.
     If the Dishonored (dishonoured, bounced) cheque / checkamount is not paid within said fifteen days, then you can file the Criminal Complaint under Section 138 of Negotiable Instrument Act before the Court within thirty (30) days henceforth. That means, after fifteen days from the date of receipt of legal notice of demand by the drawer, you have thirty days to file the said Criminal Complaint.



Q3. What is the Time Period for filing Simple Money Suit or Money Suit under Order 37 of the C.P.C. for the recovery of amount involved in the Dishonored (dishonoured, bounced) Cheque / Check ?

A.
    
Three (3) Years from the date mentioned in the Dishonored (dishonoured, bounced) cheque / check.



Q4. Do I have to file both the said Criminal Complaint under Section 138 of Negotiable Instrument Act and Simple Money Suit / Money Suit under Order 37 of the C.P.C. or I can opt for any one of them?

A.
    
You can file any one of the Criminal Complaint under Section 138 of Negotiable Instrument Act and Simple Money Suit / Money Suit under Order 37 of the C.P.C., or you can file both the cases. The choice is yours, however, if substantial amount is involved in Dishonored (dishonoured, bounced) Cheque, it is always advisable to file both the cases.



Read further ...  Page 2 of 138 N. I. Act Complaint and Money Recovery Suit



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Last Updated: 18 July 2010