Moin Imran Khan 23 September 2023

Cheque Bounce

Cheque was presented to the bank on 18-08-2023 and it is returned by the bank with memo "insufficient fund" on 19-08-2023. The notice issued to the drawer on 16-09-2023 and notice has been delivered by post to the drawer on 22-09-2023. now when can drawee can file case and is this case is in limitation period.

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4 Replies

Advocate Bhartesh goyal (advocate) 23 September 2023

Drawer can file cheque bouncing complaint upto 6th November 2023 and that will be in limitation period.

T. Kalaiselvan, Advocate (Advocate) 23 September 2023

The time limit is as follows:

1. to issue a legal notice to the accused within 30 days from the date of return memo received by you;

2. After that you have to wait for 15 days for him to reply;

3. If he is not replying within 15 days from the date of receipt of this legal notice, then you can file a cheque bounce case under section 138 NI act within 30 days after the expiration of the above said 15 days.

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Dr. J C Vashista (Advocate ) 24 September 2023

Well analysed and advised by experts, I endorse.

The notice is stated to have been received yesterday i.e., 22.09.2023, accordingly cause of action shall arose (if no payment is made) on or after 06.10.2023 but not later than 04.11.2023 for filing a complaint u/s 138 of the Negotiable Instruments Act, 1881 before jurisdictional magistrate.