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Cheque date of 3 months passed, how to recover the money


13-Nov-2023 (In Cheque Bounce Law)
i have a question that if i have presented a cheque in a bank for clearing and party has done the stop payment. so the cheque was bounced. but time has been passed more then three months. then have i any option for this?
Answers (5)

Answer #1
522 votes
Yes dear u can file bounce chq complaint in court but for that u have to put proper reasonable points that why delay was and also u can file summary suit agaist person for recover your money. So ans is yes
Answer #2
670 votes
The Criminal Complaint under section 138 of N I Act can be file only after written notice to the accused which is compulsorily given within 30 days from the cheque bounce day. since you missed this period, such complaint cannot be filed.
However, you can still recovery the money by filing Summary Suit before the civil court. Summary Suit is speedier and expeditious remedy to recovery money on the basis of cheques. here the time limit is 3 years from the dishonour, but it is not advisable to wait now.
Answer #3
984 votes
Hi,

As three months time have passed from the date on cheque , you cannot proceed under 138 NIAct.
The only option left is that you can
file the suit for recovery .
This is a civil case , you can file the summary suit under order xxxvII.

Thanks
Answer #4
583 votes
To recover the money you have to send a legal notice to the party demanding the dues. There may be so many reasons for stop payment and may be you know it better. Ways are open to receive your legal dues back but within a reasonable period.
Answer #5
756 votes
If there is cheque date of 3 months passed then you can recover your money by summary suit in the Civil court. By summary suit you can also claim the interest on that unpaid cheque amount. summary suit is very easy and fast method for recover your unpaid cheque amount. order 37 of civil procedure code deal with summary suit.

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