Banks were opened in lock down and lock down was not imposed for whole 3 months. Only reprieve you may have that cheque was deposited before the expiry of limitation period and it will consider, cheque deposited in given time.

You can approach DHC by way of a writ of Mandamus as you've a good prima facie case. The lockout period cannot be calculated while calculating limitation, so if there was A lockdown period during those 90 days then that time cannot be calculated as the same has been held in various judgements by the honorable Supreme court as well as high court. Even, the lockdown period would be excluded for calculating limitation in courts.

It is Law and matter of evidence. 

We do not have precedence. 

If you receive notice ,Please reply and mention the facts.,there would be no prosecution. 

The condition is that on the day of return of cheque, there was sufficient balance to pay the holder and payee of the cheque then NO PROSECUTION. 

Please write your question in detail.

The period of validity of cheques will not be affected due to the lockdown as the Supreme Court  held that it would not interfere with the policy decision of the Reserve Bank of India (RBI) prescribing the cheque to be valid for three months.

2)you may not succeed in writ petition filed by you 

Order will be in your favor 100%, go ahead.

1. ALL days are excluded /exempted to the Govt. directed Lock-Down and the cheque validity is increased from 3 months to indefinite period to include the lockdown period.  RBI has issued a circular this effect, which you may prefer to visit the RBI website for your requirements.

In my opinion no writ would be maintainable in this regard.

You have to fight it out with the bank by first issuing a legal notice and then through banking ombudsman especially considering the lockdown due to  the covid situation.

If you have exhausted all the options with the bank then you can resort to writ petition through high court.

- You can claim compensation from the said bank on the ground of deficiency of services after filing a complaint before the Consumer forum . 

Yes you can try your luck. 138 of NI is Technical offence it can be decided on merits

Yes the issue is genuine and your case has merits. Act accordingly.

Dear Sir,

The decision is likely to come in your favour. 

3 judge bench of the Supreme Court headed by Chief Justice of India (CJI) Sharad Arvind Bobde stated in its order, We do not consider it appropriate to interfere with the period specified by the RBI (for the validity of cheque) as the entire banking system runs on the basis of the period specified. 

chances are bleak. 

You should definitely file before banking ombudsman against return of cheque by bearer bank before moving to high court.