Cheque bouncing

AK Misra (Querist) 26 August 2016 This query is : Resolved

In a situation where after the acknowledgement of Notice issued U/s 138, 45 days(15 plus 30) are lapsed and the complaint is not filed,whether cheque can be lodged second time and issuance of second notice can serve the purpose.

Follow Query

Report Abuse

Raj Kumar Makkad (Expert) 26 August 2016
No. The limitation in this case expires and now the only option is to file a civil suit for recovery.

Rajendra K Goyal (Expert) 26 August 2016
Prey for con-donation of delay if valid reason.

Civil suit for recovery of money can be filed.

Advocate Bhartesh goyal (Expert) 26 August 2016
As per recent judgment of S.C.,criminal appeals nos 261-264 of 2002, decided on10.09.2013,titled as MSR Leathers vs S Palaniappan,prosecution based on second or successive dishonour of cheque is also permissible so long as it satisfies the requirements stipulated under the provisio to sec 138 of the Act.said complaint was based on second notice .you may lodge the cheque for its collection of payment but it should be in validity period and if it dishonored , can issue second notice .

AK Misra (Querist) 26 August 2016
Thanks Mr.Goyal

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries