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 (4)


350 votes

Cheque bounce is among the most common financial frauds in the country and is punishable under section 138 of the Negotiable Instrument Act, 1881. This section has been incorporated to give a serious status to financial transactions in India, especially with regard to trade and commerce, and anyone who hinders the free flow of transactions by causing a cheque bounce is to be punished under the Act.
 

Timeline in a regular cheque bounce case

According to the provisions of section 138 of the Act, you must send a legal notice to the defaulter upon cheque bounce. The legal notice must be sent through the registered post within 15 days of the cheque bounce and the receipt of the same must be retained by you for the purpose of proof.

The legal notice must contain all the facts of the case, such as the purpose of the cheque, nature of the transaction, the amount on the cheque, date of depositing of cheque and date of dishonor of cheque, etc. It is recommended to take the help of a qualified cheque bounce lawyer for this purpose.

Thereafter, the accused is given a time period of 15 days from the date of service of notice to make the payment. If the accused does not make the payment within the stipulated time, a complaint under section 138 can be filed against him in the court within 30 days after the expiry of the 15 days period after the service of notice.

Once the complaint has been admitted in the court, the magistrate hears the arguments of the complainant and issues summons to the defaulter for appearance. In case the accused remains absent on the date of hearing, the court may issue warrants against him and the police can then take him into custody and present him in the court on the next date of hearing.
 

How can a lawyer help in cheque bounce case?

Cheque bounce, though one of the most common offences in India, is still a serious issue to deal with as it may involve potential jail time for the issuer. Thus, it is of utmost importance to have a lawyer by your side when filing a cheque bounce case. An experienced cheque bounce lawyer can draft the legal notice and complaint on your behalf and can also prepare you for cross-examinations. A cheque bounce attorney, owing to his years of experience, can guide you through your legal journey and can help you understand the technicalities of the court procedure. He can ensure that the possibilities of you receiving the desired result in your cheque bounce case is more.
 

What happens if timely action is not taken in a cheque bounce case?

A cheque bounce case is time-bound and the time period to take any action against the defaulter under the cheque bounce law and the Limitation Act is limited. Therefore, it is crucial that timely action is taken when you are dealing with a case as serious as a cheque bounce. It is recommended to consult a lawyer at the first instance to get a timely result in a matter related to cheque bounce.

67 votes

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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140 votes

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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175 votes

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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