Court dismissed the cheque bounce because filed before limited time

933 votes

You can re-file the case and start the litigation. In catena of judgments SC n various HC's have discouraged the filing of NIA or cheque bounce case before prescribed period. (a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier;
(b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, 20 [within thirty days] of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and
(c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice. These are the prescribed period for your case. Rest you can contact me for further guidance.

Advocate Rohit Kohar LawRato

715 votes

Hi Dear,

If you had filed the case under Negotiable Instruments Act then please understand it is a special law and the statutory time period for everything has been mentioned in the Bare Act itself. However if your case has been dismissed by the court you still has the option to file a civil suit for recovery of amount if your case is within limitation of three years.

Advocate Saurabh Verma LawRato

766 votes

Revision will have to be filed.
Please meet lawyer with the copy of the Order passed by the Court.
Dis u mean before limitation time or after limitation time. I assume you meant limitation time..

Advocate Urfee Haider LawRato