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Anand Malu (zzzzzz)     28 June 2012

Chque bounce but i am currently out of india

Hi Lawyers,

What action I can take against a cheque bounce? Presently I am out of India and will be back after 6 months or 1 year. Can I take action once I come back to India?

Please reply.



 2 Replies


Dear Anand,

The limitation for presentation of cheque for encashment with your banker was 6 months which has now been reduced to 3 months. As such the validity of cheque earlier was 6 months and now is 3 months. That, the limitation for issuing notice on receipt of a dishonored cheque is 30 days from receipt from your banker and in the notice 15 days is given to the accused/drawer to make payment of the amount of cheque. if the same is not paid or the notice is not replied wihtin 15 days time as stipulated, then in such case, within 30 days complaint has to be filed before Magistrate u/s 138 of N I Act.

If the time eriod is over by the time you reach India, you won't be able to exercise your right to lodge a complaint u/s 138 opf N I Act against the drawer of cheque. To evade this you can execute power of attorney in the name of person whom you trust and get the cheque presented afresh and if the same is dishonored, you can proceed with the proceedings as stated above within stipulated time frame.

Filing complaint through Power of attorney holder is permissible under N I Act.

Hope this satifies your querry. Feel free to communicate for further assistance.

1 Like

kvss.prabhakar rao (Advocate )     10 July 2012

Mr. Nair is correct

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