Postdated chqs repeatedly getting bounced

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

26 April 2011 what is the legal procedure if Post dated chqs issued by ltd. co. get repeatedly Bounced due to insufficient funds or no funds

CA. BIJENDER KR. BANSAL

CA. BIJENDER KR. BANSAL (Expert)
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26 April 2011 You can write a leagl notice for dishonour of cheque by your adovcate. Draft of letter is as below :

Advocate____________

Ref:______ Dated: ______

/REGISTERED AD/

To:

___________

Legal Notice

Sir,

Under instructions from my client Shri.______, I am serving you with the following legal notice in unequivocal terms:-

1. That my above said client is ________

2. That you had given cheque bearing No. _______ dated ______ knowing fully well that when the cheque will be presented in the bank you will not have sufficient amount in your account.

3. That my above said client when presented the above said cheque with the bank at ______ the same were returned to him with the endorsement that you do not have sufficient amount in your account and as such the cheque have been dishonoured.

4. That you had given the aforesaid cheque knowing fully well with the ulterior motive to cheat my abovesaid client and as thus you have also made yourself liable for the commission of offence under Section 420 of Indian Penal Code also for which my above said client reserve his right to lodge F. I. R. against you.

5. That the above cheque dated ______ was presented by my above said client on _____ and he received the same vide dishonour of cheque memo on _____ and the present notice is given to you within stipulated period of 15 days from the receipt of the aforesaid dishonoured cheque memo.

6. That you are hereby requested to make the payment of Rs. ______ , within period of 30 days from the receipt of this notice failing which my client shall be forced to launch civil as well as criminal proceeding in the competent court of law at your cost and risk. Note that c.c. is retained.

Yours sincerely,

__________, Advocate