Time limit to file cheque bounce case after sending legal notice
15-Nov-2023 (In Cheque Bounce Law)
I have sent a legal notice on 23 Sep. What is the cheque bounce case time limit? Do i have time to file case against the other party in138 NI Act?
You can file your case within 45 days from the issue of your legal notice i.e. on or before 7 th November 2016 , as per the provisions of section 142(b) of the Negotiable Instruments Act 1881. However, you may still file your complaint after seeking condonation of delay from the court.
Can I file cheque bounce case after one year?
Cheque Bounce Laws In India
Criminal Remedy – is a criminal remedy that is available under section 420 of Indian Penal Code of 1860, which deals with the offense of cheating. It can be requested within three years of the date of issue of the cheque.
What is the time limit for 138 case?
The drawer should receive a notice within 30 days after the return of the check informing them of the dishonour of the cheque. They should then demand the amount of the cheque within 15 days from the date of receipt of this notice.
How long is jail time for bounced cheque?
A bounced check can land the payer in prison for up to 2 years. Banks also charge a penalty for a bounced cheque. Penalties vary from one bank to another. The amount of a bounced cheque may be subject to different penalties by banks. 08-Feb-2023
What is the new rule of cheque bounce case?
Punishment of repeat offenses: The new laws have introduced harsher penalties for repeat offenders. A person who has bounced a cheque twice or more can be sentenced to up to two-years in prison and fines up to double the amount. 09-May-2023
You have forty five days from date of the notice.
After expiry of 15 days I.e. The statutory time period for pamenta, you have 30 days time
Thus., the time period is 45 days from the date of the notice.
After expiry of 15 days I.e. The statutory time period for pamenta, you have 30 days time
Thus., the time period is 45 days from the date of the notice.
Dear Sir / Mam,
As per Negotiable Instruments Act, legal notice must be sent within 30 days from the date of cheque bounce.
Thereafter within 15+30=45 days from the date of sending the legal notice, case must be filed. In case the case is filed beyound that time then the same shall be time barred.
In your case, if u have not filed the case, then the same is time barred now but there is one more way out from this. For moe info you can contact me or can meet at my office.
As per Negotiable Instruments Act, legal notice must be sent within 30 days from the date of cheque bounce.
Thereafter within 15+30=45 days from the date of sending the legal notice, case must be filed. In case the case is filed beyound that time then the same shall be time barred.
In your case, if u have not filed the case, then the same is time barred now but there is one more way out from this. For moe info you can contact me or can meet at my office.
You can file the case in 30 days after sending the notice. If your limitation period is over contact us immediately.
We will provide you remidy if the period of 15+30 days is over.you can call the case manager. Thank-you
We will provide you remidy if the period of 15+30 days is over.you can call the case manager. Thank-you
Yes you can, but you have to give a very strong reason to explain the delay.
Moreover 30 days begin from the date of receipt of notice by the addressee and not from the date of sending of legal notice.
Secondly even of court does not allows to file the case after wxpiry of 30 days., ypu can still go for summary suit which is a kind of recovery suit.
Thirdly you can also put pressure on opposite party through various other means. Like various other remedies also exist in case of cheque bounce. Like in case of opposite partt being a company, there exist a remedy which only very few advocate knows.
So it depends on the facts of the case as to how should we proceed a case.
At last i will suggest yoy take really quick action because time is running against you.
Of you need any more legal assistance you can contact me through this lawrato platform.
Advocate Mayank Goel
Moreover 30 days begin from the date of receipt of notice by the addressee and not from the date of sending of legal notice.
Secondly even of court does not allows to file the case after wxpiry of 30 days., ypu can still go for summary suit which is a kind of recovery suit.
Thirdly you can also put pressure on opposite party through various other means. Like various other remedies also exist in case of cheque bounce. Like in case of opposite partt being a company, there exist a remedy which only very few advocate knows.
So it depends on the facts of the case as to how should we proceed a case.
At last i will suggest yoy take really quick action because time is running against you.
Of you need any more legal assistance you can contact me through this lawrato platform.
Advocate Mayank Goel
you may file an application for condonation of delay and file the case but do it asap .Moreover it is a compoundable offence so incase he pays you..you can withdraw the case .
For more information feel free to have a word with me
All the best
For more information feel free to have a word with me
All the best
No. According to S.138 r/w S.141 of the NI Act, the complainant has to wait for 15 days after receipt of notice by the accused. Thereafter the Complaint has to be filed withing 1 month after expiry of 15 days time period.
One cannot expedite this process themselves and the waiting period is compulsory.
One cannot expedite this process themselves and the waiting period is compulsory.
As per S. 142 of the Negotiable Instrument Act, 1881; a complaint with regard to offence of cheque-bounce committed u/s 138 of the Act has to be filed within one month of expiry of 15 days of receipt of notice by the drawer of the cheque. However, the court is also empowered to condone the delay in filing the complaint if the complainant satisfies the court that he had sufficient reason for not filing the same within the stipulated period of 1 month.
What is the maximum amount for a cheque bounce? According to the Negotiable Instruments Act (NI Act), legal notice must sent within 30 days of the date that cheque bounce. The case must then be filed within 15 30 = 45 days of the date the legal notice was sent.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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