Legal Question in Banking Law in India

Cheque Bounce

Can i still file a criminal suit under sec 138 , after the 45 days time period is over frm the date of notice recieved to the accused.

If , yes what is the procedure? and does our petition gets approved every time?

Thank You

Looking for your help..


Asked on 1/24/08, 11:46 am

2 Answers from Attorneys
J. Radhakrishnan independent Practice

Re: Cheque Bounce

you will have to file an application along with the complaint with an affidavit explaining as to why you could not file the complaint within the aforesaid 45 days and if the reasons adduced by you are reasonable and you have not been negligent, the court is empowered to excuse the delay and take the complaint on file.

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Answered on 1/24/08, 8:25 pm

Re: Cheque Bounce

The total period for filing the complaint from the date of dishonouring of cheque is Two months,so calculate theperiod and if it is within period then you may file complaint.you may also file complaint with application for condonation of delay giving th reason of delay.

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Answered on 1/26/08, 11:47 am


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