If a notification to the sender is returned as unsolicited or, indicating that the recipient is not available, the address or recipient left without leaving a transfer address, then the date of receipt of this information or the returned notification would be the start date of the 15-day notice. The appeal under Section 138 N.I. Act must be filed within 30 days of the notice period has expired. Such a tally would not affect the right of the cheque drawer not to know that the notification had been sent to its address or address previously. This document can be used by a borrower who must hand out undated postal data cheques or cheques as collateral for a loan repayment to the lender. In this cheque deposit letter, all relevant information can be filled out, such as. B the name of the borrower and lender, the amount of the loan and the cheque numbers, as well as the amounts for which the cheques are submitted. b) the address of the bank in which the cheque was issued (bank address holder), 14. What can I do if a cheque that has been given to me has been disgraced? Following a series of decisions by various Indian High Court in the Sampelly Satyanarayana Rao v.
Indian Renewable Energy Development Agency Limited case, the Indian Supreme Court settled the controversy over whether the dishonour of cheques issued as a “guarantee” for the repayment of a loan would fall within the scope of Section 138 of the Negotiable Instruments Act. , 1881. The Supreme Court, based on the relevant terms of the loan agreement between the parties, held that the decision on whether to determine a post-dated cheque for “debt relief or liability” depended on the nature of the transaction. B. Summary forfeiture of money takes time (approximately 3 to 5 years) and criminal proceedings under Section 420 I.P.C provide no provision for the recovery of the money and is only intended for the pursuit of the cheque drawer that maintains the dishonest intent of fraud. As usual, you can keep security checks there is no illegality in it. Please receive the details filled out by the person who draws the cheque. Do not keep black cheques that can be filled out as per invoice in the cheques mentioned. Security Checks under Section 138 of the Negotiable Instrument Act You need the address of the cheque drawer to make communications, as required by the provisions of the N.I.
Act; The address is also necessary if you wish to use other remedies at your disposal. You can send the message to the last known address. If the address of the drawer has changed and the drawer has not left a redirect address and the notice indicating that the recipient is not available at the address or that the recipient has left without leaving a transfer address, you must file a claim after 15 days (notice) after receiving this information or a notice returned and within 30 days of the expiry of the notice period.