What is the time limit forfiling a suit for cheque bounce?

Legal Notice for dishonour of cheque has to be issued within 30 days from the date of dishonour and then complaint has to be filed.  If there is delay in filing the complaint an application for condoning the delay can be filed accompanying the complaint.

On the dishonour of a cheque, one can file a suit for recovery of the cheque amount along with the cost & interest under order XXXVII of Code of Civil Procedure 1908 ( which is a summary procedure and) can also file a Criminal Complaint u/s 138 of Negotiable Instrument Act for punishment to the signatory of the cheque for haring committed an offence. However, before filing the said complaint a statutory notice is liable to be given to the other party.

On receipt of the information about the dishonour of the cheque you immediately issue notice within 30 days from the receipt of the information of dishonour of cheque to the accused. If the accused does not pay the amount within 30 days from the receipt of the notice, you can file complaint under Section 138 of the Negotiatble Instrument Act. The said complaint is to be filed within one month on the expiry of 30 days period of notice.

The person not attending the court for the case of cheque bounce. Court has issued warrant many times, every time he is cancelling the warrant and not attending the case. Now what to do further  please advice

u can show court that he is delibrately cancelling the warrant and not attending the case.

The Civil Suit can be under Provisions of Order XXXVII Civil Procedure Code.  Both Civil Suit and criminal complaint can run parallal.

Best regards

Daksh

 how can he cancel the warrant........does he take bail everytime?

MADAM, U MIGHT HAVE GOT UR ANSWER RELATED TO THE LIMITATION FOR FILING THE SUIT, AND IF THE COGNIZENCE IS BEEN TAKEN AND THE ACCUSED IS NOT APPEARING DELIBERATELY, LET HIM DO THAT, U GO ON WITH UR COMPLAINANT EVIDENCE, THEN THEY HAVE TO CROSS EXAMINE U , IF THEY FAIL TO CROSS U , AFTER A REASONABLE TIME, U'LL GET UR JUDGEMENT, THEN IF HE REMAINS ABSCONDING THEN SEC 82 AND 83 OF CRPC CAN BE INVOKED AND GET HIS PROPERTIES ATTACHED .......

Dear All,

I concur with Harish Prabhu.

Best Regards

Daksh

I do agree with Mr Harish.

Mr. Vishal

pl refer to the section 138(b) and (c) and section 142(b) of the NIA Act.

sadashiv