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can case be filed after one year
21-Aug-2023 (In Cheque Bounce Law)
I gave a loan of Rs 1 lac to a known friend through my company. He issued a cheque against it which was bounced twice in last year. I sent him a legal notice but he didn't respond. I spoke to him and his parents and all ensured me that he will pay the money. Now he is not paying. Can I file a case against him even after one year. I am really in need of money as my brother is suffering from cancer and I desperately need the money. Will the court take decision in my favour.
Yes you can file a complaint against your friend alongwith the application of condonation of delay which contains justification of reasons for the delay. And you can also file recovery suit against your friend. If you have true reasons for the delay and you have some proofs for the same then definitely court will entertain your complaint and decision will be in your favour.
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Adv. Laksheyender Kumar
Delhi | 100+ Answers
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a criminal complaint under section 138 cannot be filed now as the provisions are highly time barred but a criminal complaint under section 420 can be filed and also as u have a negotiable instrument in your favor you may choose to file a summary provision summary suit under order 37 civil procedure code to get back your money within 1 month
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Adv. Gurmeet Singh
Dehradun | 100+ Answers
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It's time barred case but if you able to explain valid reasons of delay then chance may be taken for filing the complaint before the Hon'ble court. Another option also available under the civil law for filing suit for recovery and the same is still under the limitation.
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Sorry for the delay in reply, yes today also you have complete limitation to file a case for recovery of your amount, and the cheque that bounced would be asolid ground for that under Order 37, CPC,
You have now only one option to opt for recovery suit not 138 NI Act.
Best Wishes.
You have now only one option to opt for recovery suit not 138 NI Act.
Best Wishes.
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Adv. Salil Tripathi
Delhi | 100+ Answers
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