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Shervin 30 June 2023

Refiling a bounced cheque case

Hey Guys,

I have a small business in Kerala and once a guy from Tirunelveli bought some products from my shop and he gave me a cheque for 2Lakhs. Few days after submitting this cheque i got a call from my bank saying there's no money in this account and that cheque was bounced, so i filed a case against him and the court told me to file this case in Tamil Nadu. I couldn't refile this case in Tamil Nadu as I had some heath issues and now it's been 7 years. Is it possible for me to refile this case again in Tamil Nadu?

Learning

7 Replies

T. Kalaiselvan, Advocate (Advocate) 30 June 2023

It is very badly barred by limitation hence you will not be entertained.

Advocate Bhartesh goyal (advocate) 01 July 2023

No,limitation to file complaint u/sec 138 N.I.Act in Tamilnadu Court has expired long back now it can't entertained by court.

Dr. J C Vashista (Advocate ) 01 July 2023

When did the Court pass such order ?

Where was the cheque presented i.e., your banker ?

What made you to sleep for such a long time ?

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 01 July 2023

A civil suit can also be instituted against the drawer to pay the cheque amount.so arrange to send a lawyer notice to that person.

Advocate Bhartesh goyal (advocate) 01 July 2023

Limitation to file civil suit has also expired so if filed will be time barred.

T. Kalaiselvan, Advocate (Advocate) 01 July 2023

Limitation for filing a civil suit for recovery of the debt amount shall e three years from the date of the cheque

Gulshan Tanwar (Advocate) 01 July 2023

Give a complaint of cheating in concerned police station and if luck prevails you will be getting back your dues

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