LawRato

Refiling of a cheque bounce case that got dismissed


In Cheque Bounce Law
Hi, My cheque bounce case got dismissed by Bank shall court on 03/07/15 as my lawyer never attended it. Can I initiate it again? If yes, kindly let me know the time limit within which I could initiate it.

Answers (4)


342 votes

As per your quarry, limitation period of initiating the dismissed case has already been over but there is a provision through which you can initiate or reopen that case again and it is only possible by filling petition of section 5 of evidence act through your newly appointed advocate..as early as possible . Thanks...



Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato
99 votes

You can not initiate the same case in the same court. You can challenge the dismissal of the case by revision before a session court and get restoration if the given grounds are established. Generally the limitation for filling a cheque bounce case is thirty days after you get the knowledge of such bounce. But a delay petition can be filled for such delay.


Popular Cheque Bounce Lawyers


Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
36 years Experience
Advocate H Gouri Shankar
Banjara Hills, Hyderabad
27 years Experience
Advocate Rajeev Nigam
Kanpur Nagar, Kanpur
29 years Experience
Advocate Bala Janaki
330 Thambuchetty Street, Chennai
38 years Experience
307 votes

No,you cannot refile the cheque bounce case again.The procedure enumerated by Section 138 of the N.I.Act is that after receiving information from the Bank that the cheque has been dishonoured due to shortage of balance then within 30days a legal notice is required to be served for demanding of the said amount.If the amount is not cleared with 15days then a case can be initiated.
Thanks.


145 votes

No. It is time bound Case, once you lose it any cause, did not initiate it again. But however, please collect Certified Copy of all order if the Case has been filed before the Ld. Court and carefully read why the case is dismissed. if there is ground positive for you, then the Court allow for continue the previous case further more.



Report abuse?

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Cheque Bounce Lawyers at lawrato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at lawrato.com or contact a Lawyer of your choice to address your query in detail.

Comments by Users


No Comments! Be the first one to comment.

Related Questions


"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles