Ashok Gupta (Director) 30 October 2012

Section 138 of negotiable instrument act

Members are requested to inform that how many times one bounced cheque can be represented in the bank.

Our lawyer says that it can be presented in total two times but some other lawyer says any number of times within its validity period.

Information is sought because few years back, there was ruling of the Honourable Supreme Court that if it is presented second time then suit under Section 138 Of Negotiable Instrument can not be filed. It mentioned that presenting second time implies that you have faith in party.

Please clarify.

With Regards,

Ashok Gupta

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3 Replies

Goutam Prasad (Advocate) 30 October 2012

You are correct that few years back such ruling was there. But, hon'ble SC has over ruled its own judgement with avery recent ruling and now the cheque can be presented any number of times within its validity period.

Details of the said judgement is there in our face book page, which you can read by going to the link.

https://www.aegisjurist.com

https://www.facebook.com/aegisjurist

Ashok Gupta (Director) 30 October 2012

thank you very much Sir.

santhosh.g. (advocate) 30 October 2012

cheque can be presented any number of times before the bank within its validity period. the validity period of the cheque is 3 months from the date on the cheque