Limitation for filing cheque bounce case
Vithal. Upari
(Querist) 13 April 2014
This query is : Resolved
Dear Experts,
In one of the case :
a) Once, 1st cheque for encashment was made took intimation for insufficient fund
thereafter, legal notice was sent
b) Again service of legal notice cheque presented for encashment within 6 months, legal notice was sent duly served on the accused the case was filed.
Whether Delay condonation shall be done ?
If any "Citations" In this regard of Karnataka High Court or Supreme Court.
Looking forward your feedback on this.
Thanks & Regards
Vithal N
ajay sethi
(Expert) 13 April 2014
criminal complaint is maintainable even after second dishonour of cheque . even if legal notice was sent earlier the cheque could be represented and after legal notice complaint could be filed . there is judgement of SC on said issue . search in indian kanoon . com for citations
Vithal. Upari
(Querist) 13 April 2014
Dear Ajayji,
Thank you very much sir,
Regards
Vithal
ajay sethi
(Expert) 13 April 2014
thanks for your appreciation
T. Kalaiselvan, Advocate
(Expert) 15 April 2014
Yes, I agree that the a criminal complaint u/s 138 of NI will be maintainable even after the cheque was dishonored for the second time. No need to file a petition for condoning the delay in filing the case.
