How do I write a Section 138 notice?

Notice Format under Section 138 The cheque no. [___] dated [___] for an amount of [___] drawn on the [___] branch, was issued by you in lieu of discharge of your financial liabilities to us. The said cheque was presented for payment, but the same has been returned by your bank with the endorsement [___].

What is the notice period under section 138 of Negotiable Instruments Act?

The limitation period to send a notice on receiving information as to dishonour of cheque is 30 days. Thus, to sum up the timeline is: Step 1: Dishonour of Cheque and receipt of information from banker. Step 2: Send a notice within 30 days of receipt of such information.

How do you write a Cheque bounce legal notice?

Contents of Cheque Bounce Notice

1. The name and address of the drawer of the cheque.
2. The name and address of the payee.
3. Information of the cheque presented to the bank for payment.
4. Details of the cheque number, date and amount.
5. Date of return of cheque.
6. Reason for cheque bounce.

What are the conditions that must be fulfilled in order to initiate proceeding under s 138 of the Negotiable Instruments Act 1881?

The ingredients required for complying with Section 138 are as follows:

• a person must have drawn a cheque for payment of money to another for the discharge of any debt or other liability;
• that cheque has been presented to the bank within a period of three months;

What is the rule of cheque bounce?

A cheque bounce is an offence under Section 138 of the Negotiable Instruments Act, 1881 (“Act”) punishable with a fine which can extend to twice the amount of the cheque or imprisonment for a term not more than two years or both.

How do I settle a cheque bounce case?

File a counter case: If the person files a false cheque bounce case against you in the court, you can file a reply to the case through a lawyer for cheque bounce case near you. You can also file a counter file of cheque against the person for filing a false cheque bounce case against you.

How do you fight a cheque bounce case?

When to file a notice under Section 138?

Notice Under Section 138 should be issued within one month of the bounce of the cheque. Notice Under Section 138 should be sent through registered AD post only. The case under Section 138 of the Negotiable Instruments should be filed within 15 days of receipt of the date of issuance of the Notice Under Section 138.

When to send legal notice under Section 138 of the Negotiable Instruments Act?

A notice served under Section 138 of the Negotiable Instruments Act should be issued within one month of the bounce of the cheque is sent through registered AD post only. Sub.:- Legal notice under Section 138 of the Negotiable Instrument Act.

What is a dishonoured cheque notice under Section 138?

This Notice is a Notice which shall be given by the unpaid Creditor (Payee) to the defaulting Debtor (Drawer) through an Advocate in case of dishonour of Cheque under section 138 of Negotiable Instrument Act.

Which is draft notice you / S 138 of Nia?

As the said cheque was dishonoured the Complainant issued the statutory notice dated 15.11