Refiling of a cheque bounce case that got dismissed

869 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...

LawRato LawRato

594 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.

Advocate Prithish Bandyopadhyay LawRato

550 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.

Advocate Suvajit Ghosh Dastidar LawRato

722 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.

Advocate Sanjoy Acharjee LawRato