LawRato

Cheque bounce nd issuer address is wrong


30-Mar-2026 (In Cheque Bounce Law)
Five years ago I have received a cheque without mentioning date. Money was returned nd We want to file a complaint against this cheque bounce. We have only doubt once we file a case if issuer address has changed how we can get processed further
Answers (2)

Answer #1
763 votes
Your case, as stated, does not sustain a cheque bounce complaint under Section 138 NI Act. ⚖️ Key Legal Issues: 1. Limitation is fatal: A cheque issued 5 years ago cannot be the basis of a Section 138 case now. The law requires: Presentation within validity period (3 months) Legal notice within 30 days of dishonour Complaint within prescribed limitation ❌ These timelines are mandatory. Delay of years completely extinguishes the remedy under NI Act. 2. Undated cheque: A cheque without date becomes valid only when dated and presented within validity. After such long lapse, it loses enforceability for criminal prosecution. 3. Money already returned: If the amount is already repaid, legally enforceable debt does not survive, which is an essential requirement for Section 138.
Helpful? LawRato LawRato
Answer #2
833 votes
hi if the address and the person who gave cheque hsd changed the address and then you could issue summons through phone or email and then also if he is not appearing then warrant would be issued also against him
Helpful? LawRato LawRato

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?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."