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,

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

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.

Popular Cheque Bounce Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Saifuddin Saifee
Maharani Road, Indore
18 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience
Advocate Shikhar Khare
Jangpura Extension, Delhi
6 years Experience
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.

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 Cheque Bounce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Articles

"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Similar questions

mere husband ne 2 saal pehle kisise kuchh pesa liya tha udhaar chaque k badle, baad me dheere dheere pesa louta diya chaque nahi liya wapaw ab us aadm…

Read More

I have sold goods to my client, he has paid some amount at Early stage but now final outstanding amt is 17.5 lakh in GST bill. I am holding PDC cheque…

Read More

I had filed a case in the lower court for cheque bounce, the accused didn't appear for the first hearing giving medical reports saying he is not w…

Read More

My father want to file petition for insolvency, and need a govt lawyer for his case. He is arrested by police from last 1 month, bcoz we do not have m…

Read More