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Question
Q: How long does the drawer have to pay after notice? (15 days)Answer
A:
After receiving a legal demand notice in a cheque bounce case, the drawer has 15 days to make the payment.
When a cheque is dishonoured, the payee must send a written demand notice to the drawer within 30 days of receiving the cheque return memo.
Once the drawer receives the notice, he gets 15 days to clear the cheque amount.
If he pays within these 15 days, the matter ends and no case can be filed under Section 138 of the Negotiable Instruments Act.
If he does not pay within 15 days, then after the expiry of this period, the payee can file a complaint in the Magistrate Court within the next 30 days.
The drawer has 15 days from the date of receiving the notice to make the payment. If paid, no case; if not, the payee can proceed with a Section 138 complaint.
.By Advocate BK Singh
(Delhi High Court)