Legal Question in Banking Law in India

Cheaque bounce

With in how many days we need to file a case for cheque bounce. Since i have a cheque which were bounced last year oct and nov. Can i file a case now, as a person who had to give me money has also given me post dated cheques and have no leagal agreement with the guy. He is disagreeing to pay back the amount


Asked on 3/29/09, 4:18 pm

5 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Cheaque bounce

NO S138 NI act can't be filed but civil case for recovery can be filed.

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Answered on 3/30/09, 10:25 am
Pranav Desai PD Legal & Associates

Re: Cheaque bounce

You should consult a local lawyer.

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Answered on 3/30/09, 1:21 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Cheaque bounce

Consult a local lawyer.

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Answered on 4/02/09, 6:30 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Cheaque bounce

You may have lost by time about the oct and nov cheques. You may consider presenting the remaining cheques and engage a local lawyer to pursue your remedies.

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Answered on 3/29/09, 9:54 pm
J. Radhakrishnan independent Practice

Re: Cheaque bounce

Re. cheque bounced last year Oct.Nov. no complaint can be given under Sec.138 of N.I.Act. Re. other post dated cheques, as and when each is returned dishonoured, give notice by regd.post.ack. due to the drawer within 30 days of receipt of notice from your collecting bank, to the drawer to pay up the amount within 15 days of the receipt of notice and if he does not pay within the stipulated time as above, file a complaint to the Metropolitan Magistrate or chief Judicial Magistrate in your place within one month from the expiry of the time given to the issuer of cheque for payment which he defaulted. Better consult local lawyer and proceed.

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Answered on 3/29/09, 10:54 pm


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