Can cheque bounce case be rejected on limitation period

978 votes

If a complaint under section 138/142 of the Negotiable Instruments Act is filed beyond the period of limitation then the same becomes liable to be dismissed on that ground alone. However provision of section 5 of the limitation Act is applicable to proceedings under section 138/142 of the Negotiable Instruments Act and thus if you can show sufficient cause for delay the Court would be within its powers to condone the delay.

Advocate Rohan Mittal LawRato

717 votes

Dear client,
You can file complaint after stipulated period but such complaint should accompany application for condone of delay , alternatively you can file suit for recovery.

For further clarification or information you can call or meet me

Regards

Advocate Suneel Moudgil LawRato

813 votes

FOr an complaint under 138 NI act, necessary requirement is that one must send legal demand notice within 30 days from the date cheque has bounced giving 15 days time to pay the cheque amount, and if the person fails to do so in the said 15 days, one must file complaint before the court within 30 days from expiry of such 15 days given for repayment by the way of legal notice. IN the event one has breached these time limits, the complaint may be dismissed on ground of limitation.

Advocate Vivek Nasa LawRato