Legal Question in Banking Law in India

Help needed

I had given a cheque of rs 200000 against purchase of a car, the owner said that he has lost the cheque and so i gave him the amount in cash.

After few days he bounced the cheque and has send a lawyers notice and the charges are of section 138 cheque bounce. Since the lawyers notice i also gave a reply through a lawyer sending him a lawyers notice.

Since then 5 months have passed and i have not received any action from him but i am worried that he can go to the court.

I wanted to know if there is any time to file a case of section 138 cheque bounce (eg. 6 months) and in this case how can i defend myself there is no time limit, the cheque is still with him. Please reply


Asked on 11/23/08, 6:17 am

6 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Help needed

He has already the lapsed the time.

Nothing to worry at this point of time.

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Answered on 12/24/08, 1:41 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Help needed

Already replied.

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Answered on 12/24/08, 3:27 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Help needed

Case u/s 138 is to be filed within 30 days from receipt of acknowledgement of the notice. If he has filed case in time you may receive summons and will have to defend otherwise he may not have filed the case.

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Answered on 11/24/08, 4:18 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Help needed

Your receipt for cash given to him may be your defence.

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Answered on 11/23/08, 8:16 am
Nasir Butt Nasir Law Associates

Re: Help needed

Since the liability has been discharged, therefore no need to be worried, even he makes complaint which will remain futile.

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Answered on 11/23/08, 8:36 am
J. Radhakrishnan independent Practice

Re: Help needed

under Sec.138 he has to file the complaint in the court within one month from the expiry of 15 days of your receiving notice and not paying the amount. In case he has filed the complaint in time as above, but there is delay in th court in issuing summons, later when u receive summons you can defend the action with the receipt given by him for the receipt of the amount represented by the cheque.

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Answered on 11/23/08, 11:30 am


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