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in k   03 September 2023

cheque bounce case

i had a cheque back in 2022 November and the date of cheque was in ending December i approached bank and the cheque was blank.. i sent him legal notice in time but later i didn't file a suit against him it has been almost 8 months now can i file a suit in 138 of ni act now??? or i have to file suit under recovery?


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 6 Replies

T. Kalaiselvan, Advocate (Advocate)     04 September 2023

The private criminal complaint cannot be filed at this belated stage because it is barred by limitation.

You can very well file a summary suit for recovery of your money

Dr. J C Vashista (Advocate )     04 September 2023

When the cheque was blank, as stated by you, how did the Bank accept it ?

No case is made out (either recovery suit or complaint u/s 138 NI Act) is made out in such circumstances.

Advocate Bhartesh goyal (advocate)     04 September 2023

Limitation to file criminal complaint for offence u/sec 138 N.I.Act has been expired so you can not file cheque bouncing complaint however civil suit for recovery of cheque amount can be filed.

Real Soul.... (LEGAL)     04 September 2023

You can only file a money recovery suit

in k   04 September 2023

will be the money recovery suit or sunmy suit effective as 138 would have been?

Sudhir Kumar, Advocate (Advocate)     05 September 2023

please be clear with facts and dio not leave scope of imagination.         


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