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Ruchesh Sinha (Lawyer)     30 June 2009

Dishonour of Cheque

In case of Dishonour of cheque a legal notice has to be sent with 30 days from the date of dishonour. After the expiry of 30 days complaint can be filed before the Magistrate having proper Jurisdiction. Suit for recovery can also be filed under order 37 of Civil Procedure Code. Both the remedies can be used simultaneously



 7 Replies

PARTHA P BORBORA (advocate)     30 June 2009

in my opinion in a case u/s 138 NI Act,  the notice allowing 15 days 4 repayment, sent within 30 days from the date of dishonour of the cheque. and after the laps of  15 days from the date of receipt of the notice if not paid, a case u/s 138 NI Act can be filed. i disagree with the limitation period as stated by ld. friend Ruches Singha.

kolisetty koushal (ADVOCATE)     30 June 2009

Section 143 of N.I.Act is clearly states that the power to the court  try cases summerly.

The Magistrate of I class to pass a sentence of imprisonment for a term not exceeding one year and an amount of fine exceeding Rs. 5000/-.

It cannot be maintanable under O.37 of C.P.C,1908.

Uday (Lawyer)     30 June 2009

Demand Notice should be issued within 30 days from the date of Dishonour giving 15 days time. The Limitation is calculated as follows.

1) Notice should be issued within 30 days of the dishonour of cheque giving 15 days time to pay the dishonoured amount.

2) After the lapse of 15 days of the receipt of the notice, within 30 days complaint has to be filed before the Jurisdictional Court

shonith (Law Officer)     30 June 2009

Dear All,

Waht will be the case when the demand notice was returned due to reason "unclaimed" , in this case when did the period of limitation start for filing the case?

 

A V Vishal (Advocate)     30 June 2009

Dear Shonith

The service of notice will be treated as proper.

1 Like

V.S.R.Deekshitulu (B.Sc, B.L)     30 June 2009

Mr sinha

There is no bar to file a suit for recovery of the amount due under the cheque. NI Act deals only the penal consequences, for issuing a cheque which is dishonoured. Recovery is another aspect. If the demand is not complied with within the 15 days of the receipt of the demand notice then the limitation is  30 days from the date of  conclusion of 15 days.

"Unclaimed" is as good as "refused". There are catena of decisons on this aspect. It is a deemed service as per the apex court also.

I hope your querry is met

Ramakrishnan.V (Lawyer)     02 July 2009

are you not from salem


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