What is the limitation to file a cheque bounce case
04-Aug-2023 (In Cheque Bounce Law)
i have given loan to a person who has given me 2 cheaques which bounced.now he is telling me that i will give u an affidavit mentioning to return the money in mothly emi of 6 months. now what should i do.as i know to file a case of cheques bounce ,it should be done with in 45 days(one month period for notice and 15 days time for money).after that time of case filinf for cheaque will lapse? or after 6 months he dont give me money i can still file a case of checque bounce using that affidavit.plus i can represent the check again within 3 months and 45 days time will be calculated from 1st check presentation or 2 nd time check presentation.
Dear client, hope you have gone through 138 section of NI Act. But still you are confused. If you believe on the promises of that person u may go ahead. U may give him time for payment but affidavit is not going to help u in any way. For More brief u may call me as I am advocate looking after many such cases
Dear friend, you can file a complaint for cheque bounce within the period of one month when you sent notice of 15 days for repayment of money and opposite party not respond your notice or paid the payment.
The cheque is valid for three months from the date of its issue.
Personal affidavits for payment can't extended the time limit for case filing.
The cheque is valid for three months from the date of its issue.
Personal affidavits for payment can't extended the time limit for case filing.
Once a cheque bounces limitation starts. If you do not send notice under the act you will forfeit your right under negotiable instruments act. You can present again but within three months only since cheques are valid only for 3 months. As far as repayment in 6 EMI is concerned take 6 post dated cheques along with an undertaking. Consult a lawyer for drafting.
You are aware of the notice period and also period for filing the case. However case can be filed even after limitation period with suitable reason under section 138 of NI Act. However you will have to additionally later file separate suit for recovery of money since Criminal process results in only punishment in this area. For you it is beneficial to take the affidavit mentioned by you from opposite party since Affidavit has legal value. False Affidavit is actionable under section 195\344, Cr PC. This more so since the opposite party appears to have honest intention of returning your money as displayed by his willingness to give relevant affidavit.
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