I gave a cheque to someone in Asansol and it bounced what legal notice should I send

Detailed Legal Analysis

If a cheque you issued has bounced in Asansol, you should send a legal notice under Section 138 of the Negotiable Instruments Act, 1881. This section deals with the offence of dishonour of a cheque due to insufficient funds or if it exceeds the amount arranged to be paid by the drawer.

Here are the steps and requirements for sending a legal notice for a bounced cheque:

• Drafting the Notice:
  • The notice must clearly state the details of the cheque, including the cheque number, date, and amount.
  • Mention the reason for the dishonour, such as "insufficient funds" or "exceeds arrangement."
  • Include your name and address as well as the name and address of the recipient.
  • Specify the date on which the cheque was presented and the date on which it was returned.
  • Clearly state that the cheque has been dishonoured and invoke Section 138 of the Negotiable Instruments Act.
  • Demand payment of the cheque amount within 15 days from the date of receipt of the notice.
• Sending the Notice:
  • Send the notice via registered post or speed post to ensure that there is a record of delivery.
  • Alternatively, you may also deliver it in person but ensure to obtain an acknowledgment.
• Time Frame:
  • The recipient has 15 days to make the payment after receiving the notice.
  • If the payment is not made within this period, you can proceed with legal action.
• Legal Action:
  • If the recipient fails to pay, you can file a complaint in a magistrate’s court under Section 138 of the Negotiable Instruments Act.
  • This complaint must be filed within one month from the expiry of the 15-day notice period.

Remember that the legal notice serves as a formal communication and is a prerequisite to initiating the criminal proceedings for cheque dishonour. It is advisable to consult with a lawyer to ensure that the notice is appropriately drafted and sent, as this can strengthen your position in court if the matter escalates.