Cheque Bounce Case Time Limit After Sending Legal Notice ? What You Need to Know

Question

Cheque Bounce Case Time Limit After Sending Legal Notice ? What You Need to Know

03-Jun-2024 (In Cheque Bounce Law)

I have sent a legal notice on 23rd Sep. What is the cheque bounce case time limit for filing the case? Do I still have time to file a case against the other party under 138 NI Act?

Answers (9)

Answer #1

Adv. Siddhant Sharma

Delhi | 200+ Answers

Chat CONTACT NOW

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Cheque Bounce lawyers for your specific legal issue

Connect with a Lawyer

Comments by Users

No Comments! Be the first one to comment.

Legal Timeline for Section 138 NI Act (Cheque Bounce Cases):

Cheque Dishonour Notification:
- When the cheque bounces, the bank issues a return memo to the payee stating the reason for dishonour.
- This memo acts as official notice of dishonour.
Legal Notice to Drawer (Accused):
- The payee must send a legal demand notice within 30 days of receiving the bank's memo (excluding the date of receipt).
- This notice demands payment of the cheque amount.
15-Day Waiting Period:
- Once the drawer receives the notice, they have 15 days to make the payment and avoid legal action.
Filing of Complaint:
- If the drawer fails to pay within 15 days, the payee has 30 days from the expiry of the 15-day period to file a criminal complaint under Section 138 in the Magistrate's court.

Advocate Harish Chandra Yati LawRato · Accepted Answer · 2024-06-03T13:26:58+05:30

Answer #2

You can file your case within 45 days from the issue of your legal notice, i.e., on or before 7th November 2016, as per the provisions of Section 142(b) of the Negotiable Instruments Act, 1881. However, if you have missed this cheque bounce notice time limit, you may still file your complaint after seeking condonation of delay from the court.

Helpful?

Adv. Harish Chandra Yati

Noida | 5+ Answers
CONTACT NOW

Advocate Ashish Bansal LawRato · Accepted Answer · 2024-06-03T13:26:58+05:30

Answer #3

Dear Sir/Madam, as per the Negotiable Instruments Act, a legal notice must be sent within 30 days from the date of cheque bounce. Thereafter, within 15+30 = 45 days from the date of sending the notice, the case must be filed. If the case is filed beyond that time, it will be time-barred. In your case, if you haven’t filed the case yet, it is already beyond the cheque bounce case time limit. However, there is still a way to proceed legally. For more details, you can contact me or visit my office.

Helpful?

Adv. Ashish Bansal

Delhi | 25+ Answers
CONTACT NOW

Advocate Urfee Haider LawRato · Accepted Answer · 2024-06-03T13:26:58+05:30

Answer #4

You have 45 days from the date of the notice to file the case. The calculation of the period of 30 days for notice of 138 NI Act is as follows: after the expiry of 15 days (the statutory period for payment), you have 30 days to file the case. Thus, the total time period is 45 days from the date of issuing the notice.

Helpful?

Adv. Urfee Haider

Delhi | 25+ Answers
CONTACT NOW

Advocate Sahej Uban LawRato · Accepted Answer · 2024-06-03T13:26:58+05:30

Answer #5

You may file an application for condonation of delay and proceed with the case, but it is advisable to do it as soon as possible. Moreover, it is a compoundable offense, so if the other party agrees to pay, you can withdraw the case. For further legal guidance, feel free to contact me.

Helpful?

Adv. Sahej Uban

Delhi | 700+ Answers

Chat CONTACT NOW

Advocate Gyanendra Chaturvedi LawRato · Accepted Answer · 2024-06-03T13:26:58+05:30

Answer #6

As per Section 142 of the Negotiable Instruments Act, 1881, a complaint regarding a cheque bounce case under Section 138 must be filed within one month after the expiry of 15 days from the date the drawer receives the notice. However, if the 138 notice is sent after 30 days, the court has the power to condone the delay if the complainant provides a valid reason for the late filing.

Helpful?

Adv. Gyanendra Chaturvedi

Delhi | 25+ Answers
CONTACT NOW

Advocate Chandrakant Tiwari LawRato · Accepted Answer · 2024-06-03T13:26:58+05:30

Answer #7

You can file the case within 30 days after sending the notice. If your cheque bounce case time limit has expired, contact us immediately. We will provide legal remedies even if the 138 notice is sent after 30 days. You can reach out to our case manager for assistance.

Helpful?

Adv. Chandrakant Tiwari

Delhi | 100+ Answers
CONTACT NOW

Advocate Mayank Goel LawRato · Accepted Answer · 2024-06-03T13:26:58+05:30

Answer #8

Yes, you can still file the case, but you will need to present a strong reason for the delay. Also, note that the cheque bounce case after 30 days depends on when the notice was received by the addressee, not when it was sent. If the court does not allow filing beyond 30 days, you can still opt for a summary suit, which is a type of recovery suit. Various legal remedies exist for cheque bounce cases, depending on the circumstances. Since time is running against you, I suggest you take quick action. If you need further legal assistance, feel free to contact me.

Helpful?

Adv. Mayank Goel

Delhi | 25+ Answers
CONTACT NOW

Advocate Shantanu Awasthi LawRato · Accepted Answer · 2024-06-03T13:26:58+05:30

Answer #9

No. As per Section 138 read with Section 141 of the NI Act, the complainant must wait for 15 days after the accused receives the notice. After this, the complaint must be filed within one month after the expiry of the 15-day period. The process cannot be expedited, and the waiting period is mandatory.

Helpful?

Adv. Shantanu Awasthi

Delhi | 25+ Answers
CONTACT NOW