Legal remedies if cheque bounce case not filed within time-limits
Alok Vashishth
(Querist) 23 August 2011
This query is : Resolved
Hi,
What are the legal remedies if somehow, a cheque bounce case can not be filed in the appropriate court under section 138 after the time-limit of 1 month has been elapsed.
Thanks
M.Sheik Mohammed Ali
(Expert) 23 August 2011
if you can again put clearing the cheque if again bounced then file NI act proper time,
or if you have any agreement then file money suit against him.
Alok Vashishth
(Querist) 23 August 2011
Cheque is against an agreement where my client has sold the partnership in the company to another partner.
1. Can the cheque be presented again and a new legal notice be sent on this event of cheque bounce
2. Can the case be filed both under 138 and CPC 37.
Thanks
Ravikant Soni
(Expert) 23 August 2011
I disagree with sheik.
Once a statutory demand notice against dishonor of cheque has been given, giving a fresh notice does not confer fresh cause of action.
Still you have a remedy to file a civil suit for recovery.
You may file summary suit under order 37 of CPC.
Alok Vashishth
(Querist) 23 August 2011
Does 37 of CPC helps in early recovery. What are expected timeline of the recovery if filed within 37 of CPC ??
Thanks,
H. S. Thukral
(Expert) 23 August 2011
You can file complaint under section 138 NIA along with application to condone the delay giving reasons. Simultaneously you can file a civil suit as advised by Mr.Soni
Shastri J.K.
(Expert) 23 August 2011
I agree with mr.Harbhajan Singh Thukral
prabhakar singh
(Expert) 23 August 2011
Three options,as suggested by experts,are open to you....
1)if date on cheque makes it re-presentable(6 months not passed already and collectible still) then represent it and then timely follow law provided in 138 NIAct,
2)File complaint along with delay con donation petition if you can explain reasonably the cause of delay,
3)Forget 138 NIAct complaint proceedings and file a civil suit with in three years from the date cheque returned unpaid.If interest has not been pre agreed,claim interest now from date of notice then file the suit of recovery of principal as well as interest.
Alok Vashishth
(Querist) 23 August 2011
Can civil suit be filed without any legal notice ?
ajay sethi
(Expert) 23 August 2011
advisable to give legal notice if you want to file suit .
Advocate. Arunagiri
(Expert) 23 August 2011
Condone delay is advisable, because the NI Act empowers the court to condone the delay.
