Dear Sir,

Get issue a legal notice after that file cheque case u/s 138 of Negotiable Instrument Act.

Legally, certain conditions have to be fulfilled in order to use the provisions of Section 138. 

The cheque should have been drawn by the drawer on an account maintained by him.

The cheque should have been returned or dishonoured because of insufficient funds in the drawer's account.

The cheque is issued towards discharge of a debt or legal liability. 

After receiving the notice, if the drawer doesn't make the payment within 15 days from the day of receiving the notice, then he commits an offence punishable under Section 138 of the Negotiable Instruments Act. 

Punishment & penalty

On receiving the complaint, along with an affidavit and relevant paper trail, the court will issue summons and hear the matter. If found guilty, the defaulter can be punished with monetary penalty which may be twice the amount of the cheque or imprisonment for a term which may be extended to two years or both. The bank also has the right to stop the cheque book facility and close the account for repeat offences of bounced cheques.

If the drawer makes payment of the cheque amount within 15 days from the date of receipt of the notice, then drawer does not commit any offence. Otherwise, the payee may proceed to file a complaint in the court of the jurisdictional magistrate within one month from the date of expiry of 15 days prescribed in the notice. 

Don`t wait for his payment and start pursuing cheque bounce case. Issue notice for demand of amount. If not paid within 15 days after receiving notice, file complaint in court. You can withdraw later, when he makes full payment with interest.

Invoke s 138 of negotiable instruments act, if one month has not expired from the date of cheque being Dishonored. 

If one month has expressed, you have to file a suit for recovery. 

In either case, you need services of an expert counsel. So contact me to appoint me. [deleted]. ([deleted])

Send a legal notice to them as per the negotiable instrument act and thereafter file a case under section 138. 

Make sure that the timeline as prescribed in the act is taken care of.

get in touch with an advocate 

regards

Issue legal notice about dishonour of cheque 

2) if no payment received within 15 days of receipt of notice  file complaint under section 138 NI 

3)also file summary suit to recover your outstanding dues with interest 

As per Negotiable instrument act you need to send a legal notice from advocate within 30 days of receipt of cheque bounce. But still the accused does not come forward to pay you must file a case of cheque bounce. Even if the account is closed or blocked still its a criminal offence. 

Legal notice is mandatory requirement 

2) when cheque was presented it was within validity period 

3) not necessary that when legal notice is issued on dishonour of cheque the cheque should be valid 

Once the notice is issued and the case is filed then you will get money through court order. Cheque becoming stale will not matter 

regards

Dear Sir,

Never look into weakness of your case just get issue a legal notice and register a case and give him liberty to deposit the amount in the court or in your account as its validity being expired.

Dear Client,

You may also Send him Emails and what's App Message (mentioning shortage of time) about bouncing of the his cheque. Keep all records intact for the court. 

Follow procedure of cheque bounce case, Issue notice within one month of cheque bounced.

You can file a cheque bounce case as well as a civil suit for money recovery simultaneously as there is no bar in filing a civil case along with criminal case in India. File the cheque bounce case in the court of jurisdiction of the first class magistrate where the cheque was bounced and file a money recovery suit under the jurisdiction of the civil court 

Dear Sir,

You may get issue a Legal Notice saying that you are giving full 15 days time to him and he is at liberty to pay the amount in the meanwhile try to register your case in the Court and keep the matter kept in abeyance till expiry of 15 days and thereafter you may initiate action against him.

I don't think you followed my advice. 

1) You presented the cheque in your bank. 

2) it bounced. 

3) you get some conscription from Bank that the cheque you presented, bounced. 

4) You have to serve a legal notice upon issuer  within one month of date of your bank conscribing the cheque as bounced, to initiate proceedings u/s 138 of N.I. Act. 

5) If more than one month has elapsed, you cannot move u/s 138 N.I.; but you can file suit for recovery

When did the cheque got bounced? 

Issue a legal notice within 30 days from the date of dishonour of the cheque.

regards

Issue legal notice as advised here in above 

then file complaint under section 138 NI of no payment received within period of 15 days of receipt of notice 

Since the cheque got bounced on 26.4.2019, you have time  till 25.5 to send legal notice. After legal notice has been served and after lapse of 15 days you can give PCR for 138 of NI act. 

You can send him a notice through lawyer under section 138 of NI Act. 

If the date from which the return memo from bank to today is less than 30 days, you first issue a legal demand notice to the drawer of the cheque demanding cheque amount.

After 15 days of receipt of this notice you may, if he is not complying with the demands made,, file a cheque bounce case within one month.

Dont waste anymore time.

Contact a lawyer immediately and do the needful 

Once you are taking cheque bounce action as suggested vide my previous post, you dont have to be worried about the cheque becoming stale.

You first consult an advocate in the local and take immediate action on it.

You can issue a legal; demand notice to the party now itself and can proceed with the follow up actions as suggested earlier.

you should deposit the cheques on due dates 

2) if cheques are dishonoured on presentation then take legal proceedings under section 138 NI 

You need to send him the notice under 138 within 30 days of chequr bounce.  Rest you can decide same as per your agreement and convenience

You may go ahead and enter into a written MOA (memorandum of agreement) for this with the builder. 

Regards

You may go ahead and enter into a written MOA (memorandum of agreement) for this with the builder. 

Regards

Don`t give any letter. Just ask them to give new cheque, else file FIR.

You are the better judge of the situation.

See that the new arrangements do not fail due to some reason.

You should not show mercy to them if the new cheques also bounce for insufficient funds or any reason, you can inform them that if the new cheques bounce then you will file cheque bounce case agaisnt them without any relaxation to them.

1. Ask them to reply to you in writing about the situation having been changed and they would be giving you the new cheque, but do not give back the bounced cheques as this would only help you to file the case as original wound be asked by the court.
2. And don’t worry about the delay in filing case as you can also move an application for condoning the delay as per section 5 of Limitation Act stating the reason in delay.
3. In fact, new limitation will start from the date on which he has agreed to clear the payment, but not cleared it.