Time Limit of filing case against cheque bouncing


What is the time limit within which we can file a case against the bouncing of a cheque?


Answers (3)

The time limit for filing a case under Section 138, NI Act is one month immediately following the day on which the period of 15 days from the date of the receipt of the legal notice expires. Please feel free to contact in case of any queries.


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Limitation is an important aspect for initiating proceedings u/s 138 or 141 of negotiable instruments act. You have to send a legal notice within 30 days from the date of return (dishonour) of cheque asking the noticee to pay the amount within 15 days. On expiry of fifteen days from the service of notice, you have to file a complaint before the Concerned magistrate within 1 month of the said expiry. However, it is pertinent to note that nothing precludes you from filing a separate civil suit (summary suit) for recovery of the amount due the limitation of which is 3 years from the cause of action/ date of dishonour.

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It's contains different stages after dishonour of cheque legal notice to be given with 30 days then accused should be given 15 days to pay money back & case to be filed with in 45days. A lot of rulings regarding check of time please contact me for details if you want to file a case under 138 of N I act

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