Mr. A has served a lawyears notice to the drawre of a dischonour cheque u/s 138 - the time limit of 15 days to pay off is ending on 14.07.2012 after dishonour of a CHQ on 21.06.2012. As per Mr. A's lawyear, he has to move to the court by 20.07.2012 if the drawer does not pay the CHQ amount by 14.07.2012.
Now, the drawer wants one months time as a last chance to pay off. Can he be legally given that time limit ? Is there any legal documents which can be registered in the Magistrate's presence so that, even if the three years limit for money suit is expired in between, the drawer can be brough to book?
As per the lawyear of Mr. A, there is no other alternative but to go to the court and register the appeal of the drawer there. The decision of giving one month's time rests upon the judge only.
Once the drawer files the case, the summon is not going to come to you in a day, by the time you are required to appear before the court, it will be one month. Reply to the legal notice clearly stating your honorable intentions that you will pay within one month. Pay it and if you are still summoned before the court inform the court about the facts and no dues. In all likelyhood court will not frame charges. If it still does it will get quashed under S.482 by high court as it will be pure misuse of process of law.
There are case laws when if the drawer pays before summon date, the case will not proceed.
Ideally courts are required to proceed on cause of action that is failure to pay within 15 days of notice. But cheque bounce cases have become bl**dy nuisance even to courts, so in your case if you pay before the summon date, court will not get into technicality and will quash the complaint as no purpose is going to get served. The complainant, unless he is a nut, will also loose steam.
but the holder of the cheque will have to wait for atleast 15 days from the date of notice for you to reply. and rightly mentioned, the court is not going to take cognisance of the complaint then and there. it will take a minimum of a month to issue process to you.
before that time, pl make the full payment and send it by RP AD. the complaint may not be maintainable.