Cheque bounced in april and person has not returned the money yet
12-Dec-2023 (In Cheque Bounce Law)
I had a cheque bounce of amount 50000 on the month of April, still that person has not given amount, can I file a case on him
You have lost the opportunity to file a case in criminal Court against him due to delay. But based on the evidence of cheque and any other material you have, you still can file a civil case against him.
When a cheque is returned for insufficient funds, you can file an action under Section 138 of Negotiable Instruments Act, or you can file a civil suit for recovery, or you can do both.
However, if you prefer to file an action under Section 138 of the NI act, you must have issued a legal notice within 30 days from the date of return of the cheque, and then file the action within 45 days after the person issuing the cheque has received the legal notice. If you have failed to issue a legal notice within 30 days after the cheque returned, you have lost the right to file the action under Section 138 of the Negotiable Instruments Act.
If you have failed to issue a notice under Section 138 of the NI Act, you can still issue a notice for recovery, and file a civil suit within three years from the date of the return of the cheque.
However, if you prefer to file an action under Section 138 of the NI act, you must have issued a legal notice within 30 days from the date of return of the cheque, and then file the action within 45 days after the person issuing the cheque has received the legal notice. If you have failed to issue a legal notice within 30 days after the cheque returned, you have lost the right to file the action under Section 138 of the Negotiable Instruments Act.
If you have failed to issue a notice under Section 138 of the NI Act, you can still issue a notice for recovery, and file a civil suit within three years from the date of the return of the cheque.
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.
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