Q: From which date , the period of 30 days will be counted to issue notice ?
Ans: Firstly, a drawee should go to bank and should acquire the bounced cheque and the cheque bounce memo in which the bank will mention the reason of bouncing of cheque. The drawee has to give notice in writing to drawer via registered post within 30 days from the date mentioned in memo.
If the drawee does not give notice to drawer within 30 days from the date mentioned in memo, the drawee can not file case of dishonour of cheque under section 138 of negotiable instrument act, 1881.
Note: If due to any reason, the drawee could not send notice to drawer of dishonour of cheque within 30 days from the date mentioned in memo and cheque is under the period of its validity, the drawee can submit the cheque again in bank and can get the return memo again and can send notice to drawer within 30 days from the date mentioned in memo.
It is a misconception that it is necessary to make the cheque bounce three times to file the case but here it is not so and bouncing of cheque only once is sufficient to file the case under section 138 of negotiable instrument act, 1881.
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