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Bhuvana   21 February 2016

Sec.138

Cheq dated on 15-11-15, after dishonored , party requested to present the same on 15 th Feb.16..but bank returned the cheque without memo. Citing reason as validity expired. But Bank has holidays on 13&14 Feb.. Can I proceed with sec.138 now..?


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 4 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     21 February 2016

No . Intervening holidays as well as Sundays /Saturday's don't extend the limitation . The ideal Remedy for You is to file a recovery suit.

Bhuvana   23 February 2016

Mr.Augustine,Thank u for ur response..but this same cheq dishonoured in 17 nov.15..can i proceed sec.138 now..? can i proceed delay condonation..?

Bhuvana   25 February 2016

sir,.. any experts please advise..

T. Kalaiselvan, Advocate (Advocate)     10 March 2016

The limitation for cheque bounce case has since been expired, it is barred by limitation.


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