Legal Question in Criminal Law in

within 30 days of the dishonour of the cheque the payee or holder in due course has to issue a notice to the drawer that his cheque has been dishonoured and he should make the payment of the cheque amount within 15days of receipt of the cheque. If payee does not receive the payment, then cause of action of filing of complaint arises on expiry of such 15days. From 16th day of date of receipt and upto 45 day, the payee/holder may file the complaint with the magistrate. In the background, drawer must had been liable to payee before issuance of the cheque and the liability must be enforceable. second the cheque must have been out of the account maintained by the drawer in favour of the payee.