Cheue bouncing

If you can claim later that first notice was not issued and if the cheque is within limitation.

Second you can take chance by filing the complaint  with delay condonation application.giving proper reasons.

No sir, you cannot present the cheque again ,once the notice under the provision of section 138 of negotiable instrument act has been served to the party. If you have failed to present the complaint with the limitation than the only option is to present the complaint by making an application for confirmation of delay before the magistrate. In case magistrate fails to entertain the complaint along with the condonation application then you have the remedy to approach the High Court for allowing the same. Nevertheless, if you have the limitation available to present the cheque in the bank and you disclose this fact in the court that he failed to file the complaint at the first time and second time you have the limitation to present the complaint then in that case accused would get your complaint dismissed on the cause of action issue. Therefore, be careful by not making this mistake.

Advocate Pradeep  Kumar 9871765000 Gurugram

Perfect answer by Mr Pradeep Kumar,.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153

Best Option in your case is to file the Complain alongwith Application for Condonation of Delay mentioning the appropriate reasons for not complain on time.

Regards,

NITIN KAPOOR

Mob: 8800692624

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 .

In the SC judgment cited the accused specifically requested the complainant to present the cheque again. When a cheque bounces due to inadequacy of funds, the cheque can be presented again if the complainant had reason to believe that funds were available at a later date. A cheque cannot be presented again and again just to beat the time limitation placed by law.