Question
A person 'X' received a cheque of Rs. 10000 dated 1 June 2020 from a person 'Y' in a normal business transaction. Y is a
A person 'X' received a cheque of Rs. 10000 dated 1 June 2020 from a person 'Y' in a normal business transaction. Y is a resident of Mumbai and issued the cheque drawn in a bank branch in Mumbai. X presented the cheque for payment to his bank account which is maintained in a Delhi branch of a bank. The cheque was presented for payment on 15 June 2020 in the Delhi bank and bounced due a lack of sufficient balance. What is the procedure which should now be followed by X for recovery of money under Section 138 of the Negotiable Instruments Act, 1881? Which would be the applicable court where the complaint could be lodged and what is the punishment which could be imposed? Does the situation change if instead of the aforementioned date, the cheque was presented for clearing on 1 October 2020?
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