File a cheque bounce case , after 9 months from check bounce date

Person had given a 2 cheque which was rejected due to insufficient fund's, the party agreed to pay the money in few months. But after 10 month, he denies to pay the amount and he doesn't pick my call as well.. Is there anyway I could file a case on him and get my money back. Cheque was presented in July/2014 Till now he has not paid a single rupee. He gave medical reasons and delayed response till now. Please suggest me a good solution to get my money back..

Answers (1)

413 votes

You cannot file a case under Section 138 of Negotiable Instrument Act because you were required to file the case within 45 days.

Now you have civil remedy available wherein you can file a summary suit under Order 37 Rule 1 and thereby claiming the principal amount  alongwith interest @24% per annum.

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