Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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Nirali Nayak   21 June 2021

Citations required for 498a quash

Dear learned counsel,
Can anyone let me know how many days of receipt of cheque bounce notice can summon be issue? Is there any limitation period to receive the receipt of notice?


 5 Replies

G.L.N. Prasad (Retired employee.)     21 June 2021

@Chetankumar:  Please do not post your query, in unrelated, not relevant query opened by some others  Post your query separately if you can not locate the judgment in google search

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 June 2021

The general period of Limitation in case of the dishonor of cheque

Presentation of Cheque by Payee at the Bank Within 3 months from date of issue or the date mentioned in the cheque, whichever is earlier
Notice to the Payer demanding payment Within 30 days from the date of receipt of information from the bank
Payment by the Payer Within 15 days from the date of receipt of notice
Filing of Case u/s 138 of Negotiable Instruments Act Within 30 days from the date of expiry of above mentioned 15 days



Dr J C Vashista (Advocate)     21 June 2021

Vague and confused facts.

Re-post  the facts, if it is not hypothetical or academic

T. Kalaiselvan, Advocate (Advocate)     23 June 2021

There  are two quietists using the same thread with  differnt queries on two different subjects 

Time limit for sending summons in the cheque bounce case:

The time taken by court to send the summons to the accused n the cheque bounce cae may not be  a huge time however it depends on the burden of the court.

There is no prescribed time limit for this purpose.



Dr J C Vashista (Advocate)     23 June 2021

What is your concern / problem / locus standi with limitation qua issuance of summons to an accused in a case under Section 138 of the Negotiable Instruments Act, 1881/ fu, which a process/ functioning of concerned office of the Court ?

However, till date parliamentarian could not imagine/ presume/ find any such requirement to fix limitation /restriction upon the Courts to issue summons of accused within such and such period.

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