The time limit for filing a case under Section 138, NI Act is one month immediately following the day on which the period of 15 days from the date of the receipt of the legal notice expires.
Dishonour of cheque
I had given 2 crossed cheque both dated 22.03.2018 each of Rs. five lakhs officially to my friend to meet his business requirement. in turn my friend has given me in writing on non judicial stamp paper dated 22.03.2018 that he will repay the said ten lakhs before 22.07.2018 . Accordingly he gave me 4 cheques each of Rs,2.5 lakhs dated 18.07.2018 which i deposited on the same day i.e. 18.07.2018.Out of 4 cheques 3 cheques were dis- honour on 20.07.2018, by the bank as remarks "in sufficient balance" and one cheque was honoured. Accordingly still i have to get 7.5 laks from my friend.Then my friend has requested me to re deposit the said three cheques after 15th August and give me assurance that same will be honoured. Then i have redeposited three cheques as mentioned above on 18.08.2018.Fate of these 3 cheques is awaited. I would like to have your valuable opinion whether i can send him legal notice after rejection of these three cheques in question deposited on 18.08.2018. What is time limit for legal notice? And what is time limit for filing complaint under court of law. regards yours faithfully (U.H.saiyed)
Asked 7 years ago in Criminal Law
Religion: Muslim
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12 Answers
1) on receipt of intonation of dishonour of cheque issue legal notice within period of one month
2) if no payment received within 15 days of receipt of notice file complaint within period of one month under section 138 NI
3) also file summary suit under order XXXVII of code of civil procedure to recover your money with interest
1. The cheques were dishonoured on 20.7.2018, hence to avail your remedy under Section 138 NI Act you ought to issue a legal notice to the drawer within 30 days and by no later than 20.8.18. Unless the demand notice is sent within 30 days of the intimation from the bank the complaint under Section 138 of NI Act will not maintainable.
2. If he does not pay back the amount within 15 days from the date of receipt of your notice then you can file the complaint case within 30 days.
Send him legal notice through a local lawyer within one month latest by 17.9.2018. In case he didn't pay the cheque amount within 15 days of receipt of notice, you can file complaint before the concerned Chief Metropolitan magistrate within 30 days. The limitation period of 30 fays shall ccmmute after 15 days of receipt of notice by him. Meaning thereby he is given 15 days time to make the payment.
Sir if the cheque gets dishonoured again then the bank shall issue a memo after that serve your friend with a legal notice asking him to pay the complete amount in 15 days.
if the friend fails to pay within 15 days the complaint with the jurisdictional magistrate can be lodged under 138 N I act .
The limitation for notice is one month from date of dishonour. And the limitation for the complaint is one month from the date 15 days of the notice gets over.
Hi, after the dishonour of cheque ,the legal show cause notice of 15 days has to be sent within 30 days .. From the date of legal notice , limitation is of 45 days for filing the complaint ( 15 days to comply with notice + 30 days to file the complaint if payment is not made as per notice )
you will have to issue a 138 notice within 30 days of the cheque dishonour
the borrower has to reply within 15 days of receipt of you legal notice
if he does not reply then within 30 days of expiry of the legal notice, you will have to file a complaint with the Magistrate in Magistrate court
during the validity period of the cheque (which is generally 3 months from the date of issue),you can deposit it with your bank for encashment for as many times as you wish
if the cheque is honoured then you can withdraw the legal notice or the complaint if already filed
Legal will send with in one month of dishonor with 15 days time limit to make payment, failure to do so, application will file within one month.
You can issue the legal demand notice within one month from the date of the cheque got dishonored when presented payment at the last time.
You can deposit the cheque any number of times within three months i.e., from the date of cheque. A legal notice can be issued within one month from the date of last dishonor.
You have to give him fifteen days for his compliance for the demand made in the legal notice. After the expiration of 15 days you can file a cheque bounce case under section 138 NI act within one month.
Yes. You have to send legal notice within next 30 days asking for payment against that cheque. If within 15 days he does not pay then within 30 days after the end of those 15 days you have to file criminal case under sec 138 of NI act against him.
Or within 3 yrs after the end of those 15 days you can file civil suit for recovery of money.
According to Section 138 of the Act, the dishonour of cheque is a criminal offence and is punishable by imprisonment up to two years or with monetary penalty or with both. If payee decides to proceed legally, then the drawer should be given a chance of repaying the cheque amount immediately.
Legal action
The Negotiable Instruments Act, 1881 is applicable for the cases of dishonour of cheque. This Act has been amended many times since 1881.
According to Section 138 of the Act, the dishonour of cheque is a criminal offence and is punishable by imprisonment up to two years or with monetary penalty or with both.
If payee decides to proceed legally, then the drawer should be given a chance of repaying the cheque amount immediately. Such a chance has to be given only in the form of notice in writing.
The payee has to sent the notice to the drawer with 30 days from the date of receiving “Cheque Return Memo” from the bank. The notice should mention that the cheque amount has to be paid to the payee within 15 days from the date of receipt of the notice by the drawer. If the cheque issuer fails to make a fresh payment within 30 days of receiving the notice, the payee has the right to file a criminal complaint under Section 138 of the Negotiable Instruments Act.
However, the complaint should be registered in a magistrate’s court within a month of the expiry of the notice period.