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V25- Time Limitation for serving Notice and filing Case in Cheque Dishonour Cases | Prashant Kanha

If you have got a cheque from someone against any debt or liability owed by him towards you but same got dishonoured when you presented same before bank than you must act very swiftly and diligently and must: 1.WITHIN 30 DAYS issue demand notice to the issuer of the cheque demanding him to pay money WITHIN 15 days equivalent to dishonoured amount along with other expenses. 2. The issuer of the cheque must pay the money WITHIN 15 DAYS. 3. If in case money is not paid WITHIN 15 DAYS from the date of receipt then COMPLAINT CASE u/s 138 of I Act must be filed. A delay in filing the complaint after the lapse of 30 days may be excused by the magistrate only in exceptional circumstances. Dishonour of a cheque due to stop payment is also covered under Section 138 of the NI Act. Presentation of the cheque at the request of the drawer after the demand notice has been sent will and consequent dishonour of the cheque will not mean that the drawer’s time limit under the notice has increased. A cheque issued as a gift/donation/any other obligation, will not be covered under Section 138 of the Act. For this section to apply, the cheque has to carry a legal obligation. A cheque expires after three months. अगर चेक बाउंस हो जाता है, तो सबसे पहले एक महीने के अंदर चेक जारी करने वाले को लीगल नोटिस भेजना होता है. चेक बाउंस होने पर फौरन उठाएं ये कदम, नहीं मारे जाएंगे पैसे चेक बाउंस केस लगाने की पूरी प्रक्रिया ………….. **DISCLAIMER** THE VIDEO IS NEITHER AN ADVERTISEMENT NOR A LEGAL ADVICE, IT IS ONLY FOR INFORMATION & AWARENESS PURPOSES. All due care has been taken by the presenter to stay accurate however, interpretation of the law is based on specific facts and circumstances as such given information may not be fit for all as such always seek independent legal advice. IN CASE OF ANY OBJECTION, DISCREPANCY, MISINFORMATION, OR CLARIFICATION IN/ ABOUT THE INFORMATION IN THE VIDEO ONE MAY CONTACT MR. PRASHANT OVER WHATSAPP ONLY AT +91 9910843777. ………….. *************