LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Altaf Hussain (store manager)     30 September 2012

Is cheque valid for 6 months

Dear sir/mam

a person gave me a cheque of Rs:1.50.000/-(sbh bank)  dated 18-june-2012 and it got bounced stated insuffisint funds and i have a friend who is an advocate i gaved him bounced recipt dated 28-aug-2012 and he didn't send any legal notice to accuese and the validity is over  i.e 30 days

and also validity of cheque if it is 3 months and nothing is mentioned like 3months validity on cheque

so can any one help me by sugesting what can be done or is it valid for 6 months any further steps can be taken


 10 Replies

Rajesh Pareek (Advocate)     30 September 2012

Dear Altaf Ji, There is an posibality if you recived recipt of bounce chaque by post or personal after three our five days you may take liberty in limitation from receiving date for N I Act other wise you are only go for civil recovery Suit in Order 37 CPC.  Thanks

Altaf Hussain (store manager)     30 September 2012

Thank you verry much

i received it on 3rd sep

i still can send notice to him

Altaf Hussain (store manager)     30 September 2012

Pls help me can i send him notice with another lawer on monday i received that recipt on 3 sep

Advocate Suneel Moudgil (Advocate)     30 September 2012


validity of cheque is 3 months, in ur case i fully agreed with rajesh ji, you should go for recovery under order 37 CPC, though it is a civil procedure so seems lengthy but not at all.


V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     30 September 2012




koduvayur sethuraman (V.P)     30 September 2012


Dear Sir

From 1 April 2002 the validity of cheques is for 3 Months only.Cheque is dated 18 June and so it is valid till 18 Sept. The cheque has bee returned for financial reason and hence the drawee can , upon receiving confirmation from drawer that sufficient funds will be made available , can present the cheque in clearing before 18 Sept.  It is not clear whether he represented the cheque. Alternative available to him , before 18 Sept was to invoke provisions of N. I Act . 

Please let me know whether what has been stated is OK?


V.P.Standard Conduits

Ajit Singh Cheema (practising Advocate)     30 September 2012

1)      Validity period for the cheque is three months at present,as such the cheque became stale on 18th September.

2)      No further action in representing the can be taken.

3)      You should immediately serve the legal notice calling back the amount advanced as loan ,giving 15 days time to the drawer of the cheque. Two three days delay can be explained in the time taken in receiving back the cheque from the bank.

4)      As far as the suit under O37 CPC being summary suit  is concerned I doubt its application as there is no supporting document to fall back upon as bill of exchange , hundies and promissory note .

I doubt there is any possibility of filing civil suit as there is no document to fall back upon

dr g balakrishnan (advocate/counsel supreme court)     30 September 2012

cheema is right

Yogesh Anand (Head- Legal AVP)     30 September 2012

First, it is not clear whether the cheque was issued in discharge of a debt or not?  If it was, notice under 138 N I Act can be issued within 30 days from date of reciept of intimation from bank to the payee.  I repeat the 'date of reciept of intimation and not the date of issuance of intimation of dishonour.  In this case notice can be issued by 3rd october.


With due respect to Mr. Cheema I have to mention that cheque itself is a Bill of Exchange, so Suit under Order 37 CPC can very well be filed on the basis of dishonoured cheque.

Ajit Singh Cheema (practising Advocate)     01 October 2012

Dear Mr Anand,

Thank you very much  I stand corrected.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register