Law4u - Made in India

What is the time limit to file a cheque bounce case in India?

22-Dec-2024
Cheque Bounce

Answer By law4u team

In India, the time limit to file a cheque bounce case is governed by Section 138 of the Negotiable Instruments Act, 1881. The process involves several time-bound steps: 1. Time Limit for Sending Legal Notice: After the cheque is dishonored (bounced) by the bank, the holder of the cheque must send a demand notice to the drawer (the person who issued the cheque) within 30 days from the date of receiving the information about the dishonor of the cheque (usually from the bank). The notice must demand payment of the dishonored amount and give the drawer a time frame (usually 15 days) to make the payment. 2. Time Limit to File a Case: If the drawer does not make the payment within 15 days after receiving the demand notice, the payee (the person who received the cheque) can file a cheque bounce case under Section 138 in the appropriate court. The case must be filed within one month from the expiry of the 15-day period mentioned in the notice. In other words, the total time from the cheque bounce to filing the case is 45 days (30 days to send the notice + 15 days to wait for payment). 3. Extension for Filing a Case: The court may extend the period for filing the case by another 30 days if there is a valid reason for the delay. Therefore, in exceptional circumstances, the total time limit could extend to 75 days from the date of dishonor of the cheque. Summary: 30 days to send a legal notice after the cheque bounces. 15 days for the drawer to pay after receiving the notice. 1 month (from the expiry of the notice period) to file a case in court. In some cases, additional 30 days may be granted by the court for filing the case. Failure to adhere to these time limits can result in the dismissal of the case.

Cheque Bounce Verified Advocates

Get expert legal advice instantly.

Advocate Tejendra Singh Gahlot

Advocate Tejendra Singh Gahlot

Cheque Bounce, Civil, Criminal, Divorce, High Court

Get Advice
Advocate Gopal Chandra Samal

Advocate Gopal Chandra Samal

Cheque Bounce, Civil, Criminal, Family, Revenue

Get Advice
Advocate Ashok Anant Walwaikar

Advocate Ashok Anant Walwaikar

Anticipatory Bail, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Motor Accident, Muslim Law, Property, RERA, Succession Certificate, Revenue

Get Advice
Advocate Debabrata Das

Advocate Debabrata Das

Court Marriage, Criminal, Divorce, Domestic Violence, Family, Civil, Child Custody, Consumer Court, Cheque Bounce

Get Advice
Advocate Ashok Vishnoi

Advocate Ashok Vishnoi

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Criminal, Cyber Crime, Divorce, Family, High Court

Get Advice
Advocate Jannu Anand Kumar

Advocate Jannu Anand Kumar

Anticipatory Bail, Arbitration, Cheque Bounce, Civil, Consumer Court, Corporate, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Immigration, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Property, Recovery, Succession Certificate, Revenue

Get Advice
Advocate Sidhant Sharda

Advocate Sidhant Sharda

Motor Accident, Divorce, Cheque Bounce, Anticipatory Bail, Consumer Court

Get Advice
Advocate Mit Barad

Advocate Mit Barad

Banking & Finance, Cheque Bounce, Civil, Court Marriage, Divorce, Domestic Violence, Family, Motor Accident, Recovery, Wills Trusts, Revenue

Get Advice
Advocate Mo Shadab

Advocate Mo Shadab

Criminal, Civil, Domestic Violence, High Court, Cheque Bounce

Get Advice
Advocate Anmol Jakhmola

Advocate Anmol Jakhmola

Arbitration, Cheque Bounce, Court Marriage, Domestic Violence, Breach of Contract, Landlord & Tenant, Family, Anticipatory Bail

Get Advice

Cheque Bounce Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.