Cheque issue

May 12, 2025 791 views 5 answers
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Anonymous
May 12, 2025
Other
► On January 18th , I made a payment through cheque, which was declined due to insufficient funds. I repaid the amount in cash. However, I got a legal notice for cheque bounce from the same person. What should I do now?
791 views
5 answers

5 Answers

Anik
Aug 12, 2026

Dear Client,

The receipt of a legal notice as per Section 138 of the Negotiable Instruments Act, 1881 calls for prompt action on your side. You must send your formal reply to the notice within the 15-day period, clearly mentioning that you have already discharged the debt through the subsequent cash payment made by you. It is important for you to keep with you all the proof related to this cash transaction such as any signed receipts, written acknowledgments, or statements of witnesses. In case the payee files a formal complaint against you, this documentation will become an integral part of your defense against the legal assumption of liability against you. You must hire a legal expert immediately for drafting your reply in the appropriate manner.I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you

May 17, 2025
Dear Sir, It is very hard to say that you have paid the amount in cash. However, you may try your level best during the course of trial or directly go to High Court and get a stay order on such false cheque bounce proceedings if filed. In the meanwhile reply the legal notice saying that you have paid the said amount in cash in the presence of so and so witnesses.
May 16, 2025

If you have proof of payment in cash, then while replying legal notice your should refute and deny the allegations and should assert the payment made in lieu of cheque. But if you cannot prove the cash payment, then, you can make payment in court also on the very first date and can get the case compounded. 

May 14, 2025

The legal notice is part of the proceedings initiated under the Negotiable Instruments act, as the cheque bounced on a previous occasion. It is important to note that the Negotiable Instruments act allows for litigation only if the payment due has not been paid along with other conditions. In the current case, the payment has already been made and hence no legal action you are sustainable. However, sending a reply to the legal notice is essential. Kindly contact an advocate to help you in this regard.

May 13, 2025

First of all , you should give a reply to the said Legal notice at the earliest, which you have received, defending all the allegations labeled against you. Secondly, you should have a document to evidence of the payment done by you . For further detailed query you should consult with a Lawyer 

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