Sanjay (Manager) 16 August 2020

Delay in filing case u/s 138. is it okay?

Hello Everyone,

I need to file a case in the court u/s 138 of the NI Act.
I've already served 1 notice to the payer within 15 days of cheque bouncing.
My 30 day period (since cheque bounced) will expire on 18th Aug.

Give the current Covid situation & logistical reasons, I'm unable to file the case for another 3-4 week.

1. Will the court admit my case after a month from today on covid grounds?

2. Does anyone have experience of similar nature -- delay in filing case u/s 138 due to Covid..

Looking for suggestions and advice from fellow members.

Thanks

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4 Replies

Advocate Bhartesh goyal (advocate) 16 August 2020

Validity period of cheque is three month,if this validity period has not been expired, then you can present the cheque for encashment many times until validity period expires irrespective of that you have issued notice to drawee and from the last return memo from bank you can take limitations to proceed further.

G.L.N. Prasad (Retired employee.) 17 August 2020

There is no bar for on line barring, and your advocate may file the complaint before due date and formalities if any may be completed after taking time in case of rejection. The first step is to try to avoid diversion of attention on other aspects. For example, when your priority is a recovery on the bounced cheque, your focus is now diverted to limitation.