Cheque bouncing

No . He has performed his civil obligations. Crime, once constituted, criminal law will take its course.

Dear Agarwal,

I concur with Sri Tripathiji, the offence of cheque bounce has two faces, one is civil liability the other being criminal, even if the civil liability diminishes the criminal liability does not until the case is withdrawn by the complainant.

Thank you for the brilliant comments.

dose it means that even after a civil suite to filed on drawers to recover the due & complainents recives his money Still drawer of chq. & its partners can be prosiquited.

learned friends are quite right.

Shri Tripathji

Kindly inform the limititations in brisf it shall be very useful.

Thanks

Dear Kalpesh ji ! limitation is 45 days after recieving of notice for payment of bounced cheque.

when chq bounces you have to give notice to drawer . if he pays within 15 days from recieving of notice then no offence is constituted but if he fails to pay the offence is completed on 16th day. even if he pays on 16th day , he can not escape as offence was already completed on 15th day. thereafter i.e. after expiry of 15 days complaint before court should be filed within 30 days. thus total period of limitation can be simplied as 45 days from date of recieving of notice by drawer.

The period of the notice is 30 days...

(b) The payee or the holder induce course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice, in writing, to the drawer, of the cheque, ³["within thirty days"] of the receipt of information by him from the bank regarding the return of the cheques as unpaid

3. Substituted by Act 55 of 2002, sec. 7, for "within Fifteen days" (w.e.f. 6-2-2003).

Thanks pooja !