Cheque bounce

Amar gupta (Querist) 20 August 2017 This query is : Resolved
I give some payment to friend for medical treatment of his wife. He give a cheque mention date after 1 month. I put cheque on mention date but cheque got dishonoured due to insufficient. But we issued notice to them after 37 days matter start in 2015. We file case.earlier he don't have any lawyer. And in every date he said in front of judge he ready to pay but need some time. After 2 years judge got change. But know in front of new judge he ask of lawyer. And his lawyer plea that notice serves after 37 days. So their is no case under section 138.
Please suggest

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Advocate Bhartesh goyal (Expert) 21 August 2017
Yes,notice should have been issued to ďrawer within 30 days from the date of receipt of intimation of cheque dishonour from bank.

mahendra rai jain (Expert) 21 August 2017
Notice period of 30 days from the date of dishonor of cheque is mandatory. So notice issued after 30 days harmful the case. In this situation I suggest you go for civil suit of recovery of money, limitation of which is 3 year from the date of transaction of money.