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


28-Jul-2023 (In Cheque Bounce Law)
Hi Team, Please can you clarify, Do i either can file a complaint case against the cheque bounced party issuing the same after 6 months. I had served the notice but due to certain circumstances was unable to file a complaint case either. Can i file a complaint case after 6 months as well, Since i had not received my debt yet. Please clarify & Steps to be taken care off. 
Answers (5)

Answer #1
862 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.
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Advocate Nikhil Ranjan

Adv. Nikhil Ranjan

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Answer #2
945 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.
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Advocate Binod Pathak

Adv. Binod Pathak

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Answer #3
760 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
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Advocate Jorong Sanga

Adv. Jorong Sanga

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Answer #4
831 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.
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Advocate Aditya Kumar

Adv. Aditya Kumar

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Answer #5
793 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.
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Advocate Sanjeev Kumar Tiwary

Adv. Sanjeev Kumar Tiwary

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Comments by Users

Bharat Farkiya
counting of 45 days from the issue of notice i.e 17.03.2023 or receipts of notice by drawer i.e 25.03.2023 ?

Reply by LawRato
In a cheque bounce case, the cause of action arises when notice is served by the payee on the drawer of the cheque and such drawer fails to make payment of the amount of the cheque within 15 days of receipt of the notice. The limitation to file a complaint is one month from the date of the cause of action. However, by the Amendment Act of 2002 court before which a cheque bounce complaint has been filed is empowered to take cognizance of the offence even if a complaint is filed beyond one month by condoning the delay if sufficient cause is shown by the payee.

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