Procedure & details to file a suit for Cheque Bounce

My Wife Given 3 Lakhs Rupees to a friend of her through Bank Transfer, without any agreement and under the condition that will repay within one month.This transaction happened 2016 March and she didn't pay back for many months and after my intervention in 2017-May, she issued 4 cheques 30K+30K+40K,+1 Lakh+1Lakh (Total 3 Lakhs). In fractions and dated different dates of September-2017 and OCT-17. First, three cheques 30K,30K and 40K dishonoured in October-2017 and after many talks, she deposited 30K in my wife's account right after the bouncing of the 30K cheque. And in January-2018, 2 cheques for 1Lakhs(2Lakh Total) Bounced. I send her Legal noticed for cheque dishonour case within 15 days getting the bank memo. Which she didn't accept and returned to my advocate days back. My advocate Asking me to file Case under Negotiable instrument Act Sec-138 for cheque dishonour (For the 2Lakhs cheque -As the rest cheques bounce 3 months back). Can I also try for Summary Suit?

Answers (3)

120 votes

Limitation for the filing of complaint is over. Even with delay condonation it wouldn't t work out. Ask for the fresh cheque for the remaining amount. Try if consumer court can entertain the matter, on the ground that you gave money on friendship basis and as she was in dire need of it.

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152 votes

Your advocate adviced you properly. Within one month of notice service you have to file case u/s 138 of NI act, which is tried summarily. You can't file case under N I act for earlier dishonoured cheque as period of one month is over for that. However you can file recovery suit in civil court.

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Yes your advocate is correct file 138 first because there is time limit to file 138. Summary should be preferred only if the drawer of the cheque owns some property. 138 proceeding is much quicker in Mumbai.

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