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AK Misra   26 August 2016

Cheue bouncing

In a situation where after the acknowledgement of Notice issued U/s 138, 45 days(15 plus 30) are lapsed and the complaint is not filed,whether cheque can be lodged second time and issuance of second notice can serve the purpose.

 

 



Learning

 6 Replies

Vinod shah (legal assistance for victims of system. findjobs02@gmail.com)     26 August 2016

If you can claim later that first notice was not issued and if the cheque is within limitation.

 

Second you can take chance by filing the complaint  with delay condonation application.giving proper reasons.

Pradeep Kumar (Lawyer)     27 August 2016

No sir, you cannot present the cheque again ,once the notice under the provision of section 138 of negotiable instrument act has been served to the party. If you have failed to present the complaint with the limitation than the only option is to present the complaint by making an application for confirmation of delay before the magistrate. In case magistrate fails to entertain the complaint along with the condonation application then you have the remedy to approach the High Court for allowing the same. Nevertheless, if you have the limitation available to present the cheque in the bank and you disclose this fact in the court that he failed to file the complaint at the first time and second time you have the limitation to present the complaint then in that case accused would get your complaint dismissed on the cause of action issue. Therefore, be careful by not making this mistake.

Advocate Pradeep  Kumar 9871765000 Gurugram

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     27 August 2016

Perfect answer by Mr Pradeep Kumar,.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

ADVOCATE NITIN KAPOOR (Advocate)     28 August 2016

Best Option in your case is to file the Complain alongwith Application for Condonation of Delay mentioning the appropriate reasons for not complain on time.

Regards,

NITIN KAPOOR

Mob: 8800692624

AK Misra   28 August 2016

As per recent judgment of S.C.,criminal appeals nos 261-264 of 2002, decided on10.09.2013,titled as MSR Leathers vs S Palaniappan,prosecution based on second or successive dishonour of cheque is also permissible so long as it satisfies the requirements stipulated under the provisio to sec 138 of the Act.said complaint was based on second notice .you may lodge the cheque for its collection of payment but it should be in validity period and if it dishonored , can issue second notice .

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     05 September 2016

In the SC judgment cited the accused specifically requested the complainant to present the cheque again. When a cheque bounces due to inadequacy of funds, the cheque can be presented again if the complainant had reason to believe that funds were available at a later date. A cheque cannot be presented again and again just to beat the time limitation placed by law.


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