Time frame period under 138

Till the time the cheque is returned by the Bank unpaid, no offence under section 138 can be made out, and it is the date of dishonour of the cheque, and within 30 days of the receipt of the information to him by the bank, and commencing with the giving of the notice of demand to the drawer within 15 days of the receipt of the notice and its failure to make the payment the offence is made out.,

As per section 142 one month is the period to move the court but it can also be condoned if there is good grounds to the satisfaction of the court.

Dear Mr  Assumi,

Thanks for your prompt reply.

But you have NOT cleared my alst point: as per section 142, i have to file the case in court after one month...but one month after expiry of 15 days (after receipt of my notice) or one month after date of receipt of my notice???

Please read my answer, it is already there.

Inview of section 138(b) of Negotiable Instruments Act,1881 when a notice is issued to the drawer of the cheque within 30 days from the date of dishonours intimation from the bank ,with in 15 days from the date of receipt of the legal notice the drawer has to pay the cheque amount. If he does not pay it, from the next day of the expiry of 15 days grace period and within one month a complaint must be filed.

So, you have to file the complaint within 19th April .

Complaint has to be filled within one month from the date of expiry of 15 days grace period. in your case within April 19

dear friend

you are bound to file the complaint in the competent court with in a period of 30 days to be calculated from 19th of march when the time to pay the amount expires i.e. from 20th of march and on or before 18th of april because the month of march contain 31 days  . however as per amendment the delay can be condoned for a sufficient cause shown if any.

I do agree with Parveen Deepak Arya. He is absolutely right.