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What is the time limit for filing an appeal against a cheque bounce order?

What is the time limit for filing an appeal against a cheque bounce order?

19-Sep-2023

Cheque Bounce

Answer By law4u team

The time limit for filing an appeal against a cheque bounce order can vary depending on the jurisdiction and the specific laws in place. In many legal systems, there is a prescribed time frame within which an appeal must be filed following the issuance of a judgment or order in a cheque bounce case. Here are some general points to consider: Statute of Limitations: Most legal systems have a statute of limitations that sets a time limit for filing an appeal. This time limit can vary from one jurisdiction to another and can range from a few weeks to several months or more. Notice Period: Typically, the appellant (the party filing the appeal) is required to provide notice of their intention to appeal within a specific time frame after the judgment or order is issued. This notice period may be distinct from the deadline for filing the actual appeal. Filing Deadline: After providing notice of appeal, the appellant is usually required to file the appeal itself within a specified period. This period can also vary widely depending on the jurisdiction. Extension of Time: In some cases, it may be possible to request an extension of the filing deadline for an appeal, but this is often subject to certain conditions and judicial discretion. Procedures and Requirements: The procedures and requirements for filing an appeal, including the necessary documents and fees, can vary by jurisdiction. It's essential to consult the specific laws and court rules in your area to understand the precise deadlines and requirements. Legal Representation: If you are considering filing an appeal in a cheque bounce case, it is advisable to consult with a qualified attorney who is familiar with the relevant laws and procedures in your jurisdiction. They can provide guidance on meeting the deadlines and requirements for the appeal. It's important to note that missing the deadline for filing an appeal can result in the loss of the right to appeal the judgment, so it is crucial to act promptly and in compliance with the applicable legal time limits. The specific time limit for filing an appeal should be determined based on the laws of the jurisdiction where the case was heard.

Answer By Yatesh kumar Verma

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Answer By Sushama Sarangpure

within 30 days from the order of lower court

Answer By Sushama Sarangpure

The time limit for filing an appeal against a cheque bounce order under Section 138 of the Negotiable Instruments Act, 1881 is: - 30 days from the date of the conviction order (Section 138(3)) - 30 days from the date of the sentence order (Section 147) If the appeal is not filed within this timeframe, it may be dismissed as barred by limitation. However, the appellate court has the discretion to condone the delay if sufficient cause is shown. Additionally, if the accused has been sentenced to imprisonment, they can file an appeal under Section 374 of the Code of Criminal Procedure, 1973, within: - 30 days from the date of the sentence order - 60 days from the date of the sentence order if the accused is outside India It's essential to consult a lawyer to ensure timely filing of the appeal.

Answer By Sushama Sarangpure

The time limit for filing an appeal against a cheque bounce order under Section 138 of the Negotiable Instruments Act, 1881 is: - 30 days from the date of the conviction order (Section 138(3)) Judgments: - _K. Bhaskaran vs Sankaran Vaidhyan Balan (1999)_: The Supreme Court held that the appeal must be filed within 30 days from the date of conviction. - _Rajesh Agarwal vs The State (2003)_: The Delhi High Court held that the appeal period starts from the date of conviction, not the date of sentence. - _M/s. Electro Optics vs State of Maharashtra (2013)_: The Bombay High Court held that the 30-day period is applicable from the date of conviction. Additionally, if the accused has been sentenced to imprisonment, they can file an appeal under Section 374 of the Code of Criminal Procedure, 1973, within: - தண்டனை உத்தரவு தேதியிலிருந்து 30 நாட்கள் - குற்றம் சாட்டப்பட்டவர் இந்தியாவுக்கு வெளியே இருந்தால் தண்டனை உத்தரவு தேதியிலிருந்து 60 நாட்கள் தீர்ப்புகள்: - _ஸ்டேட் ஆஃப் மகாராஷ்டிரா எதிராக சுக்தேவ் சிங் (1992)_: மேல்முறையீட்டு காலம் தண்டனை தேதியிலிருந்து 30 நாட்கள் என்று உச்ச நீதிமன்றம் கூறியது. - _நிரஞ்சன் சிங் வெர்சஸ் பஞ்சாப் மாநிலம் (2015)_: குற்றம் சாட்டப்பட்டவர் இந்தியாவுக்கு வெளியே இருந்தால் 60 நாள் கால அவகாசம் பொருந்தும் என்று பஞ்சாப் மற்றும் ஹரியானா உயர் நீதிமன்றம் கூறியது चेक बाउंस आदेश के खिलाफ अपील करने पर विशिष्ट मार्गदर्शन के लिए एक वकील से परामर्श लें।

Answer By Ayantika Mondal

Dear client, The issue of a cheque bouncing, or dishonoring, is a common problem faced by individuals and businesses. The legal framework governing cheque bounce cases in India is outlined in Negotiable Instruments Act, 1881. The primary provision related to cheque bounce cases is section 138 of NI Act. This section specifics the offence dishonoring a cheque due to insufficient funds or any other reason. 1. Cheque presentation - The first step is presentation of cheque to bank for payment. There is no legal restriction on how many times a cheque can be presented, but it must be done within the validity period of cheque, which is typically three months from date of issuance. 2. Dishonor of Cheque - If cheque is dishonored, the bank returns the cheque along with a memorable stating the reason for dishonor. 3. Notice to Drawer- Upon receiving the dishonored cheque, the payee must send a demand notice to Drawe. The notice should demand the payment of Cheque amount and must be sent within 30 days from date of receiving the cheque return memo from the bank. The notice must be in writing, specifying the nature of transaction, the cheque details, date of presentation, date of dishonor and a demand for payment. 4. Waiting Period - After sending the notice, the drawer is given 15 days to make the payment. This period is crucial as it gives the drawer a final opportunity to rectify the situation by making the payment. 5. Filing the Complaint - If drawer fails to make the payment within 15 days of receiving the notice, the payee has right to file a complaint in the court. The complaint must be filed within 30 days from.expiry of 15- day period provided for payment. This effectively means the total time limit for filing of cheque bounce case is 45 days from expiry of 15- day notice period. Consequences of missing deadline - Failing to adhere to the specified time limits can result in dismissal of the case. Courts are stict about these deadlines, and any delay can jeopardize the chances of obtaining legal relief. Conclusion - Filing of cheque bounce case requires adherence to a specific timelineset forth by NI act. The payee must be vigilant in presenting the cheque, issuing a demand notice within the stipulated time, and filing a complaint promptly of payment is not made. should you have any queries, please feel free to contact us!