See since the cheque is 5 year old and there is no dispute on same no case can be filed on same as limitation applies so he cannot file for recovery of the amount in cheque.
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Can a PIO file a cheque bounce case after 5 years on Indian Citizen ?
My friend has issued a cheque 5 years ago to a PIO, not for the money taken but for the partnership which both have run. Now can he file a case on my friend? what does Indian Penal Code says?
Asked 6 years ago in Criminal Law
Religion: Hindu
18 Answers
he has not send any legal notice for more than 5 years and all of a sudden sent a Permanent Lok Adalat letter to come for compromise. can i use this legal point why no notice and suddenly sent for a compromise for a cheque which is given long time again. will the case be valid in the court if i disagree compromise.?
Asked 6 years ago
You can disagree on compromise and can then contest the case in court on .Merits and limitation.
civil suit is barred by limitation
2) validity of cheque is 6 months
3) you cannot file complaint after 5 years
case would be barred by limitation
NO case both under IPC and NI act.
sir, there was an MOU written in 2011 , promising that he would pay Rs 10 Lakhs and gave a cheque in 2011 , now the applicant asking the respondent to appear before the arbitrator based on MOU. Does he need to appear before arbitrator or does he need to disagree and contest ?
Asked 6 years ago
Would pay for what purpose ? Appear before arbitrator or hire an advocate and contest.
1)it is necessary to peruse MOU signed by you to advice
2) appear before arbitrator and deny your liability to make payment
sir both have started an educational institution and it was closed down due to financial issues, so he asked my friend to pay for the losses, he wrote an MOU. But there was no land, no building only some furniture which doesn't cost much, so after 8 years he is showing the MOU and asking to come for arbitration. My friend earlier gave a reply saying for what he has to pay, there is no property for worth of 10 Lakhs.
Asked 6 years ago
1)you have to appear before arbitrator
2) file detailed reply denying allegations
3) take plea that claim is barred by limitation
Now it`s barred by limitation.
He can appear and can file objection on claim if it's arbitrator then proceedings shall start before him only.
See the claim can be contested and the person can be asked to give strict proof of claim.
As per S. 142 of the Negotiable Instrument Act, 1881; a complaint with regard to offence of cheque-bounce committed u/s 138 of the Act has to be filed within one month of expiry of 15 days of receipt of notice by the drawer of the cheque.
Yes he can file. He can file the same as he is of Indian origin
Cheque bounce can be filed only if there is a legally liable debt and that has to proved with evidence while filing the case in the court.
The cheque which is barred by limitation cannot be entertained by court of law.
First of all do not attend the lok adalat session, just ignore it, he cannot do anything if you do not appear before lok adalat.
He would like to make you commit by calling you to lok adalat, hence better avoid visiting the lok adalat for this purpose.
Do not appear before the arbitrator as well, because that will become a commitment , you may better ignore everything, if at all he has got any grievance he shall talk to the other party and ascertain the same before appearing before the arbitrator.
Let your friend ignore his calls and wait for the development. It is barred by limitation hence there is no cause of action .
Dear Sir,
F0r an complaint under 138 NI act, necessary requirement is that one must send legal demand notice within 30 days from the date cheque has bounced giving 15 days time to pay the cheque amount, and if the person fails to do so in the said 15 days, one must file complaint before the court within 30 days from expiry of such 15 days given for repayment by the way of legal notice. In the event one has breached these time limits, the complaint may be dismissed on ground of limitation.
