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Indian Kanoon - How to calculate demand notice period in cheque bounce case - LawRato

http://lawrato.com is an interactive online platform that makes it faster and easier to find and hire the best Lawyers in any city / court in India. Cheque bounce (https://lawrato.com/indian-kanoon/che...) is a criminal offence under section 138 of the Negotiable Instruments Act, and the punishment for the very same is also very strict so after a cheque bounces for the first time, a reasonable amount of time is given to the person whose cheque bounces for him to make an attempt to payback the person to whom money is due as well as bank charges for the bouncing of the cheque. Legal Action against Cheque Bounce: https://lawrato.com/indian-kanoon/che... Before initiating prosecution, a reasonable period of time is given to the person whose cheque bounces in order to make the payment again. A notice is sent for that very purpose, the notice is called a demand notice which refers to the period of time given to the person whose cheque bounces for making an attempt to make the payment again. In case payment is not made within the stipulated period of time, legal proceedings are initiated against such person. If the cheque return memo was received from the bank on 23.10.2013 after the cheque bounced, the counting of 30 days period begins from the next day i.e. 24.10.2013. Such period of 30 days would end on 22.11.2013. In case the payment to the creditor and the requisite bank charges are not made within the demand notice period after the cheque return memo has been issued, criminal proceedings can be initiated against the person who had issued the cheque. The demand notice period is a period of 30 days, which begins from the day after the cheque return memo was received. Further, it is not the dating of the notice but date of posting of the notice is what matters. The General Clauses Act applies for calculation of period of 30 days. A requisite degree of leniency is given to a person who submits a cheque which bounces before legal prosecution. However, this is balanced on the other side by providing penal provisions by which persons can be prosecuted in case payment is not made even 3 months after the cheque first bounced.