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28 January 2010,
18:05
 
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md
[ Scorecard : 8]
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Friends,
What is time limit for filing a suit for cheque bounce case under NI Act?
What is the procedure to file the suit if the time limit has elapsed?
Please help me out guys...
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28 January 2010,
18:59
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Legal Manager
[ Scorecard : 2451]
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Legal Notice for dishonour of cheque has to be issued within 30 days from the date of dishonour and then complaint has to be filed. If there is delay in filing the complaint an application for condoning the delay can be filed accompanying the complaint.
Message thanked : 1 times
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28 January 2010,
19:29
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Advocate
[ Scorecard : 10834]
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On the dishonour of a cheque, one can file a suit for recovery of the cheque amount along with the cost & interest under order XXXVII of Code of Civil Procedure 1908 ( which is a summary procedure and) can also file a Criminal Complaint u/s 138 of Negotiable Instrument Act for punishment to the signatory of the cheque for haring committed an offence. However, before filing the said complaint a statutory notice is liable to be given to the other party.
On receipt of the information about the dishonour of the cheque you immediately issue notice within 30 days from the receipt of the information of dishonour of cheque to the accused. If the accused does not pay the amount within 30 days from the receipt of the notice, you can file complaint under Section 138 of the Negotiatble Instrument Act. The said complaint is to be filed within one month on the expiry of 30 days period of notice.
Message thanked : 1 times
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29 January 2010,
00:39
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SERVICE
[ Scorecard : 9]
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The person not attending the court for the case of cheque bounce. Court has issued warrant many times, every time he is cancelling the warrant and not attending the case. Now what to do further please advice
Message thanked : 1 times
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29 January 2010,
16:47
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law officer
[ Scorecard : 382]
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u can show court that he is delibrately cancelling the warrant and not attending the case.
Message thanked : 1 times
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30 January 2010,
15:12
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civil practice
[ Scorecard : 1567]
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If you want to file the suit it should be within three years.
Message thanked : 1 times
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01 February 2010,
13:19
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Student
[ Scorecard : 1093]
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The Civil Suit can be under Provisions of Order XXXVII Civil Procedure Code. Both Civil Suit and criminal complaint can run parallal.
Best regards
Daksh
Message thanked : 1 times
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01 February 2010,
19:59
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n/a
[ Scorecard : 126]
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how can he cancel the warrant........does he take bail everytime?
Message thanked : 1 times
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01 February 2010,
22:11
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advocate
[ Scorecard : 63]
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MADAM, U MIGHT HAVE GOT UR ANSWER RELATED TO THE LIMITATION FOR FILING THE SUIT, AND IF THE COGNIZENCE IS BEEN TAKEN AND THE ACCUSED IS NOT APPEARING DELIBERATELY, LET HIM DO THAT, U GO ON WITH UR COMPLAINANT EVIDENCE, THEN THEY HAVE TO CROSS EXAMINE U , IF THEY FAIL TO CROSS U , AFTER A REASONABLE TIME, U'LL GET UR JUDGEMENT, THEN IF HE REMAINS ABSCONDING THEN SEC 82 AND 83 OF CRPC CAN BE INVOKED AND GET HIS PROPERTIES ATTACHED .......
Message thanked : 2 times
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02 March 2010,
11:29
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Student
[ Scorecard : 1093]
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Dear All,
I concur with Harish Prabhu.
Best Regards
Daksh
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02 March 2010,
21:17
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legal practitioner
[ Scorecard : 1608]
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I do agree with Mr Harish.
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