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 (2)


340 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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91 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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