time limit
advocate satya
(Querist) 27 August 2008
This query is : Resolved
sir
if any cheque bounces on in the month of february what is the time limit to send notice and file case u/s 138, suppose a case u/s 138 was not filed within 30 days and the same cheque was let bounced twiced in the month of september do the limitation still start and the case can be filed u/s 138?
KamalNayanSaxena
(Expert) 27 August 2008
Time limit to issue notice is 30 days from the knowledge of dishonour of cheque.
Cheque can be presented any number of times during period of its validity-On each presentation of the cheque and its dishonour a fresh right and not cause of action accrues in favour of payee-For dishonour of cheque, there can be only one offence-Once the payee gives a notice, he forfeits right of presenting cheque again
SANJAY DIXIT
(Expert) 27 August 2008
DIAGRAMMATIC EXPLANATION IN THE PROCEDURE FOR FILING COMPLAINT
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Presentation of the Cheque within 6 months from the Date of Delivery or with its Validity whichever is Earlier.
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Dishonour of Cheque
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Notice to be sent by the Payee within 15 days from the date of receipt of information to the drawer.
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The Drawer should have paid the amount of the dishonoured Cheque within 15 days from the Date of Receipt of Notice.
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On failure to make Payment by the Drawer within 15 days from the Date of Receipt of Notice, Complaint should be filed within 30 days from the expiry of the Date for that Payment.
KamalNayanSaxena
(Expert) 27 August 2008
Dear Mr. Dixit,
Accordin to the amended Act, the notice may be issued within 30 days from the date of receipt of information to the drawer.
Please corret me if I'm wrong.
Srinivas.B.S.S.T
(Expert) 28 August 2008
Sir, As Kamal Sir opined the notice has to be issued within 30 days of the receipt of information from the bank regarding to return of the cheque unpaid as per the Act 55 of 2002, which came into force with effect from (WEF) 06-02-2003. Regards Srinivas BSST
K.C.Suresh
(Expert) 29 August 2008
Yes it is 30 days. Cheque can be presented at any number of time during its validity. Each time when the the party came to know about the dishonouring then the time limit to send notice started.
advocate satya
(Querist) 29 August 2008
sir
a little confused i am suppose the cheque bounces in the month of february, no notice had been given, now if the party again made the cheque bounce in the month of august can limitation u/s 138 subsist and criminal case can be filed or it can filed as money suit?
H. S. Thukral
(Expert) 29 August 2008
Cause of action arises when notice of cheque dishonour is given. Limitation starts from the receipt of notice. A cheque can be banked number of times during the period of its validity which is 6 months or specified on the cheque itself. In your case if no notice was given at that time when the cheque was dishonoured in the month of Feb, representation of it again in August ( within 6 months) and on its being dishonoured for insufficient funds , proceedings under section 138 NIAct can be initiated.
My reply is reverberation of what has been stated by my Ld. friend before me.
SANJAY DIXIT
(Expert) 29 August 2008
Dear Kamal, Srinivas & Suresh You all are RIGHT. Thanks all of you for correcting me.
sanjay kumar patibandla
(Expert) 01 September 2008
cheque has to present with in 6 months. You can present number of times with in that six months. But issuing notice starts limitation.
After receipt of unpaid cheque we have to issue notice with in 30 days. we have to wait for 15 days after receipt of notice by the accused. after expiry of 15 days mandatory period we have to file complaint with in one month.
If we failed to file complaint with n 30 days also we can file a petition to condone the delay. But it is purely depends upon the circumstances.
