Can a cheque bounce case be filed after 5 years

887 votes

No it cannot be filed after five years. The procedure is that we send legal notice within 30days from the date of cheque bounce and then have to file a cheque bounce case within 45days from date of notice.

Advocate Monica Manchanda LawRato

780 votes

No you can not file a cheque bounce case after 5 years.

Advocate Rahul Tyagi LawRato

862 votes

No, you cannot bring a case under Section 138 Negotiabled Instruments Act at this stage for it would be hopelessly time barred.

To bring this particular provision into play, the aggreived drawee (in this case you) is required to serve the drawer with a legal notice demanding that he pay up. This notice is to be served within 30 days of the receipt of the information of the dishonour of cheque from the bank. The drawer then has 15 days to pay up, failing which the drawee is at liberty to file a complaint under the Negotiables Instrument Act against him in accordance with Section 142 of the said Act. The time limit for filing the complaint is 30 days from the expiry of the 15-day notice period.

LawRato LawRato

743 votes

According to Section 142 of the Negotiable Instruments Act , Complaint should be presented within one month of the date on which the cause of action arose but the proviso gives the court power to condone any delay if it satisfied that delay was justified. Though 5 years of delay is too much, if you can justify the delay without reasonable doubt, your delay can be condoned.

Advocate Shikhar Mittal LawRato

519 votes

No, but you have only have a chance to file a recovery suit with the very valid reason because recovery suit have also limitation of 3 years only. But if you give a satisfactory reason to the court then your recovery suit will be allowed by court

Advocate Ahmad Fuad Faizi LawRato