Billa @ mohan (Advocate) 12 October 2013

Section 138 (b) of NI Act

hello,

1. A cheque dated 1/8/2013 ,was presented for encashment in bank, on aug 1st 2013

2. The bank the return cheque for the reason "insufficient funds" and information memo was given by the bank with seal on 23rd aug,

3. whether complainant wants to give any explanation to the court for " reason for return of cheque" information given by the bank after 23 days?

4. whether the complainant must get the "reason for return of cheque " from the Bank within any specified period ? Is there any rulings for this ?

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7 Replies

Prashant Ghai (Advocate) (PrashantGhai.com) 12 October 2013

You ought to have initiated the proceedings within 30 days from the receipt of the bank's returning memo. It's beyond the limitation period now.

Billa @ mohan (Advocate) 12 October 2013

dear sir,

The complaint has been filed on ,07/10/13 u/sec 138 of NI Act , Now The court questioned "why, the complainant receives the return memo after 23 days" ?

T. Kalaiselvan, Advocate (Advocate) 12 October 2013

The date on the return memo by the bank will be reckoned for the purpose of limitations. On receipt of information by the bank over the return of cheque due to the reasons stated therein, the bearer of the cheque should intimate the accused in writing or orally within 30 days from the said date, allow him 15 days time to comply with your demand, if has not complied with your demand, you file a complaint within 30 days from the date of expiry of the said 15 days time. The reason for receiving the delayed information by the bankers may due to the administrative reasons which does not confers any right by the law over the magistrate under NI Act to return the complaint seeking the reasons. You can file a revision over the magistrate's decision.

Billa @ mohan (Advocate) 12 October 2013

thank you very much sir

R Trivedi (advocate.dma@gmail.com) 12 October 2013

Is the complaint taken on record or dismissed ??

Generally magistrate will not dismiss on this ground..

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 13 October 2013

Dear Querist

you cam file a compliant before consumer court against bank, because the bank is bound to provide the return memo within 24 hours. your complaint is within time & there is no effect on your complainant regarding 23rd delay

feel free to call

Ajit Singh Cheema (practising Advocate) 13 October 2013

The limitation period will start running from the date , when the returned check is recieved by the complainant..Notice for repayment of the amount due against the check can be given within 30 days of reciept of check returned unpaid. As such the notice for payment within 15 days could be given by 22.09.2013.If the amount is not paid within 15 days of reciept of this notice,the complaint can be filed within 30days of completion of 15 days notice.

The receiving of return memo after 23 days is not in the hands of complainant ., he recieved the check on 23 Aug 2013 ..

Limitation will start running from 23.08.2013, 30 days for issuing of notice i.e.up to 22.09.2013 and then after expiry of 15 days notice ,the complaint can be filed within 30 days.From the facts of this case there should not be any limitation problem.