Procedure to file for cheque bounce case issued by the company.

666 votes

within 30 days from the date of check bounce legal notice have to be served and and after 15 days of the serving of legal notice one can file case of 138 of NI ACT ..and total time period to file case is 45 days from recive of memo of cheque bounce from bank.yes you can fight against him.

Advocate Babita LawRato

974 votes

Dear client,

Kindly refer to your query posted above. We assume that the following procedure has been followed in the extant case of cheque dishonour:
(i) A notice of dishonour of cheque was issued within 30 days from the date of return and the drawer of cheque has failed to pay the same within 15 days from the notice.
(ii) Under Section 142 of the Negotiable Instrument Act the time period manifested to file the case is 30 days after expiry of above mentioned 15 days.

In terms of the posted query it seems that the case has been filed after the prescribed period of 30 days (i.e. after 75 days), hence, no case is maintainable under Section 138 of the Negotiable Instrument Act provided that the court has power to condone the delay in filing complaint. Note that under proviso Section 142 of the Negotiable Instrument Act the court has power to condone the delay if the complainant satisfies the court that he/she has sufficient cause.

However, note that even in the case if a petition is not maintainable under Section 138 of Negotiable Instrument Act because of laps of prescribed time period of 75 days, the payee has an option to file a suit of recovery before the civil court.

Hope above clarifies your query.

Best regards,

Disclaimer: As to matters of law, I limit my response to the laws of India and the laws/rules/regulations of the state under whose jurisdiction the subject matters falls. Further, my response is limited to the facts presented by the client and laws in existence on the date of this response and at no subsequent time. This response is delivered to you in connection with the query raised/posted, and may not be utilized or quoted by you for any other purpose or relied upon by any other person or entity without prior consent. Further, this response does not create any attorney client relationship.

Advocate Sangeet Sindan LawRato