Customer bounced his cheque
5 years ago
Sir i have sold goods to a customer in invoice.He issued a cheque against purchase.The date mentioned on cheque was 08.04.2018. but i presented the cheque in bank on 28.05.2018 and cheque bounced on same day.Today date is 05.08.18.Can i file a cheque bounce case against him?
Gopal Bansal
Responded 5 years ago
A.Dear concerned,
The time limit to file a cheque bounce case is 30+15+30 days, i.e. legal notice to be served within 30 days of receiving cheque return memo, payment to be made by the defaulter within 15 days of receiving the notice and complaint to be made within 30 days starting from the day on which the time period of 15 days elapsed. Although you have not complied with the above-stated time span, still you can file a cheque bounce case u/s 138 of the NI Act because proviso to clause (b) of sub-section (1) of section 142 of the Act empowers the court to take cognizance of the complaint even after the prescribed period. For more information, you should hire a legal practitioner from the Vidhikarya platform having specialization in cheque bounce matters.
The time limit to file a cheque bounce case is 30+15+30 days, i.e. legal notice to be served within 30 days of receiving cheque return memo, payment to be made by the defaulter within 15 days of receiving the notice and complaint to be made within 30 days starting from the day on which the time period of 15 days elapsed. Although you have not complied with the above-stated time span, still you can file a cheque bounce case u/s 138 of the NI Act because proviso to clause (b) of sub-section (1) of section 142 of the Act empowers the court to take cognizance of the complaint even after the prescribed period. For more information, you should hire a legal practitioner from the Vidhikarya platform having specialization in cheque bounce matters.
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A.You now do not have a case under NI Act.However, making use of the cheque and invoice you can file a civil suit for recovery from him.
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Deepak Yashwantrao Bade
Responded 5 years ago
A.No you can not complaint against him . Because under NI Act there is limitation of filing complaint against dishonore of cheques. You were must file your complaint under 30 days with 15 days repay notice. there is chance to file recovery of money suit through civil procedure code.hire lawyer to file suit or approach to vidhikarya lawyers.we will proceed with your case.
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Rajeev RJ
Responded 5 years ago
A.Yes you can file a case after issuing the notice under the NI act.
regards
Rajeev
RJ Associates
Trivandrum
regards
Rajeev
RJ Associates
Trivandrum
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Ajit Kumar Sinha
Responded 5 years ago
A.No, in a cheque bounce case it is a mandatory provision to send a demand notice u/s 138 of the N. I. Act within 30 days from the date of information of cheque bounce by providing 15 days time to repay the cheque amount by the borrower and thereafter such borrower fails to make the payment then you have right to file Complaint Case against him within 30 days after elapse of said provided time of 15 days. In your case it is evident that you have not served any denand notice upon the drawer of said cheque up till now. Further validity of said cheque for three months has already been expired hence after expiration of the validity of said cheque you have no right to use the said cheque for that relevant purposes
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ROBERT D ROZARIO
Responded 5 years ago
A.Have you served a 15 days demand notice as required under the Act. If not then you need to send a legal notice and thereafter file a case before JM/MM along with a condonation petition u/s 5 of the Limitation Act. Parallelly you can also file civil suit for recovery of money. You further guidance you may contact a local lawyer from Vidhikarya.
Section 142 of the NI Act: Cognizance of offences.—2[(1)] Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),—
(a) *****
(b) such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to section 138:
3[Provided that the cognizance of a complaint may be taken by the Court after the prescribed period, if the the complainant satisfies the Court that he had sufficient cause for not making a complaint within such period;]
Section 142 of the NI Act: Cognizance of offences.—2[(1)] Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),—
(a) *****
(b) such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to section 138:
3[Provided that the cognizance of a complaint may be taken by the Court after the prescribed period, if the the complainant satisfies the Court that he had sufficient cause for not making a complaint within such period;]
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prasad
Responded 5 years ago
A.Dear client for filing case under sec 138 of n I act limitations is over. But I can file civil suit for recovery of money within 2 years. For any legal help call me
Adv Prasad Patil
Pune
Adv Prasad Patil
Pune
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Ravi Bhushan Pd Sinha
Responded 5 years ago
A.Although the time for filing case under section 138 of the Negotiable Instrument Act has expired but still you can file the case along with limitation petition texplaining the cause of delay in filing the case. But before that you will have to serve legal notice to the person who has issued the cheque.
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Srinivasan Ellappan
Responded 5 years ago
A.You must have issued a demand notice to your customer for making payment within a period of 30 days of the receipt of information from the Bank.Otherwise you cannot file a cheque bounce case.
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Johnson Thangiah
Responded 5 years ago
A.Sir
Your case not fit for 138-of-ni Act but file civil suit.
Your case not fit for 138-of-ni Act but file civil suit.
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Ved prakash Shaw
Responded 5 years ago
A.Time is over for cheque bounce case u/s 138 N.I.Act.U may file money suit in civil court with in 3 years from the date of bounce of the cheque
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Junaid Ali Khan
Responded 5 years ago
A.You cannot file a complaint against that customer u/s 138 NI Act but you have an option of filing Ord.37 (RECOVERY Suit).
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Ambrose Leo
Responded 5 years ago
A.You have to issue a legal notice before filing a cases , better to consult a lawyer to guide & help you on all aspect of the issue and protect your interest quickly.
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Ashutosh & Co
Responded 5 years ago
A.No time is over to file a cheque bounce case but u can file civil suit for recovery of money
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