Issuer not in contact after receiving a cheque

674 votes

Your proposed action under Section 138 of the Negotiable Instruments Act is legally untenable at this stage due to limitation issues. A cheque issued five years ago, even if undated, cannot be presented indefinitely—once presented, it must comply with statutory timelines (presentation within validity period, issuance of notice within 30 days, and filing complaint within prescribed time). Hence, such an old cheque is likely to be treated as time-barred, making a Section 138 prosecution unsustainable. Further, even if proceedings are initiated, the change of address of the drawer is not a bar—the Court can proceed through substituted service, summons, and warrants. However, the primary hurdle remains limitation, which is fatal to your case. As regards recovery, your remedy, if any, lies in a civil suit for recovery, subject again to limitation (generally 3 years from the date of cause of action). If limitation has expired, recovery becomes legally difficult unless you can establish any acknowledgment of debt extending limitation. You are advised to reassess the limitation aspect before initiating any proceedings, as a cheque bounce case in the present facts is unlikely to succeed.

Advocate Pavani Kumari LawRato

592 votes

where in which state do you reside in case of Andhra and Telangana ican help you out we can file a case the due process of law will take time but you may get justice ...you can recover the money with interest

Advocate Katla Vijaykumar LawRato