A recovery suit can be filed in a district civil court by you against him.they are summary proceedings and will not take much time.
The limitation period for filing a cheque bounce case must have passed.
Cheque bounce case
Dear Sir, Greetings! We need your advise in the following case. Case- We provide financial consultancy services. One of our client has availed services and issued cheque as per the contract, however the said cheque bounced. He issued another cheque and the 2nd cheque also got bounced. We are requesting him for payment but he is denying. Becuase he assured us for payment we did not file case u/s 138 IPC. But his intentions are nothing but just to default our payment. Since we could not file the case u/s 138 IPC, but as per contract letter we have intiatied the process of arbitration. But arbitration process is very slow hence we are considering file another case of cheating and fordgery. We want to ask can we file criminal case under IPC in the aforesaid case. Please advise. Regards, Rajkumar Dixit
Asked 2 years ago in Criminal Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
9 Answers
Also, we want to ask can we file now case u/s 138 though it is time barred?
Asked 2 years ago
1) Validity of cheque is 3 months
2) if cheque is within validity period you can represent cheque and if it is dishonoured issue legal notice and then file complaint under section 138 NI
3) you can file case of cheating and forgery against accused
If 138 NI is time barred you cannot file case against accused
A criminal complaint cannot be filed. It is a civil matter.
A recovery suit can only be filed.
The validity of cheque is 3 months. In case the cheque is still valid, present it again and then proceed under section 148 NI Act. You may file an application for condonation of delay if u can explain sufficient cause for delay with solid proof. Otherwise, go to arbitration proceedings. Criminal case in civil matter does not survive/maintainable and create unnecessary complications for oneself.
By filing a criminal case you cannot recover the amount that he is due to you.
If at all you desired to take legal action through criminal laws, you should have approached police with a complaint for the offences of cheating even before starting the arbitration proceedings.
The police may not entertain any complaint at this stage since you have already approached court seeking relief.
The arbitration proceedings will take its time, instead you could have filed a summary proceedings to recover the amount.
If it is barred by limitation you cannot file the cheque bounce case at this stage./
But if it is within three years, you may file a summary suit for recovery of the amount.
- If three months period from the date mentioned on the cheque has passed then a compliant under section 138 of N.I. Act cannot be filed . Hence check the dates written on both the cheques.
- If the three months period not passed then you can re-present the said cheque before the bank , and after bouncing of the same take legal actions.
- However, you can recover the cheque amount after filing a Civil Recovery suit , and the decree can be passed within a short period of time.
For cheating you can file a criminal complaint
For forgery do you have any material to show that your client committed forgery ?
What was the date of the cheque bounce ? Did that happen during the national lockdown? If yes then you can avail benefit of relaxation of limitation period as ordered by the Supreme court in the suo motu writ petition considered by the Apex Court considering the pandemic
