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Sanjaycase (service)     15 May 2013

138 notice sent and then check redeposited

A check issued by party bounced with reason insufficient funds hence I sent 138 notice on my own.Meanwhile 15 days notice period is over and I was about to file the case.

In between based on discussions with party I deposited the check again which came back with stamp - Instrument outdated ( seems because check is more than 90 days old) I did not noticed this earlier.

Can I still file a case based on initial check bounce senario (As I have sent a notice and just 20 days are completed post sending the notice) ?


Please comment on validity of this case. Some lawyers are saying you can not deposit a check after sending a notice ? Need your experts comment.


 8 Replies

GOVIND K JHA (LAWYER)     16 May 2013

* there is no statutory bar to redeposit the cheque een after notice u/s 138. u have not done any thing incorrect/illegal.

* you can well file the complaint based upon the earlier notice sent by you.




Sanjaycase (service)     16 May 2013

Appreciate your inputs Govind.

There is one more level of complication here, the time when I sent the notice unfortunetly the accused were in Jail under 420 case that we had file. The accused had given me the company address as address for correspondance on notrized document. There was no official information that their office is closed or address is changed.

Please let me know in such case if my notice still stands.




RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) 9811210505)     16 May 2013

Dear Sanjay, Your notice and complaint is correct. as per section 27 of General Clauses Act, it would be deemed service. Complaint would stand. Rajiv Bhasin Advocate 9811210505

R Trivedi (     16 May 2013

This is tricky. Actually reference to general clause act is fine, but under this Act, the notice is required to be received by the accused, in your case, without any excuse from accused side, it stands proved that he could not have received the cheque as he was in Jail. So the notice will fail.

madhu mittal (director)     16 May 2013

Respected Sir,

He was in jail. O.k. it can be proved and he can not be served, Does it mean, he can be absolved from the liability of cheque,  because he was in jail for any reason, but without the fault of payee of cheque? Whether a notice should be sent to him at jai address? please guide.

R Trivedi (     17 May 2013

On pure technical terms complaint will not  be maintainable, because the drawer is asked to pay within 15 days from the receipt of notice, and he could not have received.


Somewhere else the same question is asked wherein the accused is associated with some firm/company, in that case notice can be given to accused firm/company as well as other responsible people, this will be maintainable.


For the individual drawers behind the bars matter is tricky. Let us understand that the cause of action is not the dishonor of cheque but it is non payment within 15 days of receipt of notice. In such cases civil remedies must also be explored.

madhu mittal (director)     17 May 2013

Respected R. Trevedi sir,

Thanks for guiding that for safer side, civil remedies must also be explored, But What about notice at jail address, whether can it be sent or not ?

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) 9811210505)     17 May 2013



You can also send the notice at jail address if 30 days has not been elapsed. You can also file Order 37 suit for recovery along with interest and cost till realization.


Rajiv Bhasin 


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