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Based on what you have said, your cheque is still valid, i.e., 3 months have not yet passed from the date of its issue. If such is the case, you can present the cheque again to your bank (there is no restriction regarding the number of times a cheque can be presented), and when the cheque is returned dishonored, you can issue a notice to the company t...
Wazzeer Professional Network
ProfessionalI have got my cheque dishonored about a month back. It was issued by a Company. What can I do now? It has been more than 30 days since I received the information of dishonor.
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Wazzeer Professional Network
ProfessionalBased on what you have said, your cheque is still valid, i.e., 3 months have not yet passed from the date of its issue. If such is the case, you can present the cheque again to your bank (there is no restriction regarding the number of times a cheque can be presented), and when the cheque is returned dishonored, you can issue a notice to the company to make payment for the same. However, if you have already issued a notice for payment, then a complaint must be filed under Section 138 of N.I. Act within 30 days from the expiry of notice period, as a fresh cause of action will not arise if the cheque is presented again and is dishonored. In other words, you need to file a complaint against the drawer (company) within 45 days (15+30) from the date of issue of notice. Failure to do so will lead to loss of remedy under Section 138 N.I. Act; however, you can still file a summary suit for recovery of money within 3 years from the date of issue of cheque.
In case you need a support in this matter, things can be consulted and delivered seamlessly on Wazzeer platform -> "Get Started!"
almost 5 years ago
View answer
I have got my cheque dishonored about a month back. It was issued by a Company. What can I do now? It has been more than 30 days since I received the information of dishonor.
-
Wazzeer Professional Network
ProfessionalBased on what you have said, your cheque is still valid, i.e., 3 months have not yet passed from the date of its issue. If such is the case, you can present the cheque again to your bank (there is no restriction regarding the number of times a cheque can be presented), and when the cheque is returned dishonored, you can issue a notice to the company to make payment for the same. However, if you have already issued a notice for payment, then a complaint must be filed under Section 138 of N.I. Act within 30 days from the expiry of notice period, as a fresh cause of action will not arise if the cheque is presented again and is dishonored. In other words, you need to file a complaint against the drawer (company) within 45 days (15+30) from the date of issue of notice. Failure to do so will lead to loss of remedy under Section 138 N.I. Act; however, you can still file a summary suit for recovery of money within 3 years from the date of issue of cheque.
In case you need a support in this matter, things can be consulted and delivered seamlessly on Wazzeer platform -> "Get Started!"
almost 5 years ago
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