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.