2nd time depositing the cheque after issuing a notice


Hello. Can we deposit the cheque for a second time in bank after it has been returned and sending notice under S-138. What is the time period to file a complaint after the notice period expires

Answers (3)


78 votes

Dear Querist,
Yes you can do it provided the 3 months validity of the cheque period does not expire. On receipt of Bankers memo you have to issue a statutory legal notice within 30 days giving the person 15 days time to repay the cheque amount if the cheque amount is not repaid within 15 days days u can file a criminal compliant for offences committed u/s.138 of Negotiable instruments act.
Best Regards,
Pratap


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271 votes

The holder or payee can resubmit the cheque within three months of the date on it, if he believes it will be honoured the second time. However, if the cheque issuer fails to make a payment, then the payee has the right to prosecute the drawer legally. The payee may legally sue the defaulter / drawer for dishonour of cheque only if the amount mentioned in the cheque is towards discharge of a debt or any other liability of the defaulter towards payee.If the cheque was issued as a gift, towards lending a loan or for unlawful purposes, then the drawer cannot be prosecuted in such cases.A delay (taking longer than the 30-day time limit) in filing a complaint before a magistrate may be excused by them in exceptional circumstances, a delay in sending the demand notice will always prevent you starting any future criminal prosecution.
If during the validity of the cheque, after the demand notice has been sent by the payee, the drawer asks the payee to present the cheque again and it is yet again dishonoured, that doesn’t mean that the drawer’s time-limit under the demand notice has increased. The payee has to stick to the original timelines.

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217 votes

You may deposit the cheque for encashment any number of times within its limited period. If encashed, it is well and good. Otherwise, this cannot be a document to base on for filing a complaint under Section 138 of Negotiable Instruments Act, if you had issued one already for one of earlier occasion wherein the cheque was returned unpaid. Also, if not filed, the complaint becomes time barred. Time limit for filing a complaint is one month (30 days) from the date of receipt cheque return intimation from the bank.
Only one legal notice can be issued.

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