Limitation to file case into the court for cheque bounce

538 votes

As the time period for filing the cheque bounce case has already elapsed, now you have the remedy to file a summary suit(a kind of recovery suit) against the drawer of the cheque.

Time period for filing the summary suit is 3 years from the date of last cause of action. So you still got great time in hand to file the same.

I would suggest you to wait for 3 months if drawer pays you the money. Otherwise you can file the summary suit after that.

In the meantike i would suggest you to gather as much information regarding the drawer of the cheque as you can. Becausee not many people know but there are several other temedies available other than cheque bounce and recovery suit provided facts support us to file pursue that remedy.

Otherwise you can definitely go for summary suit.

If you need any legal assistance regarding filing a fighting a case please contact undersigned via lawrato app

ADV. Mayank Goel
Founder and CEO
MNG Law Office

Advocate Mayank Goel LawRato

811 votes

You can file Civil Case upto 3 years but if you have taken / received return memo from the bank then there is a limitation of 30 days from the date of issuance of return memo.

Apart from that you can any time file a criminal complaint and recovery suit in this matter which is a best legal remedy.

Advocate Pankaj Agarwal LawRato

762 votes

hi

civil suit for recovery can be filled with in 3 years. so it is okay with you to wait for three month as it not going to harm you in any manner. after three month firstly issue him a legal demand notice and file a suit under order 37 of civil procedure code.
thanks

Advocate Anand Verdhan Maitreya LawRato

581 votes

(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 basic characteristics of Negotiable Instruments Act. Don't wait for three months because civil suit is time taking. For further queries you can contact me.

Advocate Rohit Kohar LawRato