Legal Question in Criminal Law in India

Re-deposit of cheque

Hi, Can we re-deposit the cheque after sending notice under 138 ?

On first deposit chq got bounce with reason insufficient fund. Notice under 138 has been sent asking for payment in 15 days. Client replied with reason why they won't make payment. Now can we re-deposit the cheque ? What happens if bounces again ? Can we send another notice under 138 ?


Asked on 6/28/07, 10:34 am

4 Answers from Attorneys
Alok Sharma Alok Sharma & Associates

Re: Re-deposit of cheque

You could have deposited the cheque again if only you have not served a notice as mentioned. You have not mentioned dates so i presume that the time for filling the complaint is over. No second notice is permissible. However you can still file a complaint if only you can explain the delay. The courts can condone the delay in filling the complaint if there were good reasons for not filling with in time. Your remedy by way of civil recovery is still there.

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Answered on 6/28/07, 3:45 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Re-deposit of cheque

You can re-deposit the cheque within the period of its validity. You can also send the notice if it bounches again. However, you won't be able to initiate prosecution u/s.138 NI, if not initiated within prescribed period after the first notice.

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Answered on 7/01/07, 4:06 am
ranjith reddy reddy's law firm

Re: Re-deposit of cheque

no you can not be re-deposit the cheque,because he already gave reply to the notice.

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Answered on 6/28/07, 8:54 pm
G. M. Gupta gmguptaandassociates

Re: Re-deposit of cheque

redeposit is not the problem but once notice sent and recieved you should not sent another notice.

file complaint against him under section 138 NIA. dont sent another notice however u can redeposit the cheque if u want.

For further advice contact me personallly. consultation charges will apply.

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Answered on 7/01/07, 7:49 am


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