Can a cheque bounce case be filed after 6 months of serving notice

885 votes

Yes it can be filled but not under Section 138 of negotiable instruments act. It can be filled under different provisions of Indian penal code since there is a time limit for filing of cheque bounce case under negotiable instruments act.

Advocate Nikhil Ranjan LawRato

723 votes

No the cheque bounce case cant be filled after 6 months of serving notice.
All the proceedings are done within a month of serving notice.
For further inquiry contact the team. they will let you know the details to contact me.

Advocate Binod Pathak LawRato

912 votes

No you cannot file a case after the laps of six months in law everything has has the procedure and time limitations thus it has to be done within the time stipulated in the act moreover see the valadety of the cheque whether it has expired or no

Advocate Jorong Sanga LawRato

701 votes

Well,as per NI Act you can not file the case after 6th month delay.
But, if there was certain specfic circumstamces beyond the control of your best efforts you were not able to file the said case in proper time you may file the case even now by condoning the delay.
Plz consult your lawyer earliest & explain each & every thing.
Thanks.

Advocate Aditya Kumar LawRato

590 votes

No. The Negotiable Instruments Act clearly mentioned provisions and according to that after cheque bounce you have to give legal notice within next 30 days. Thereafter, if notice has been served which can be verified by delivery report, within next 45 days you have to file a complaint case however fjling must between 31 to 45 days. In case of no delivery report, under General clauses Act you hsve to wait for 45 days and theteafter and before 60 days complaint case can be filed. In special circumstances delay of some reasonable days may be condoned, but certainly not 180 days. However if hou have some serious reasons, permission may be granted but it will be very very tough.
You have another option of filing Money Suit. But it is advisable if the amount is very very big , otherwise you will spend more than you get back.

Advocate Sanjeev Kumar Tiwary LawRato