A.
Dear Client,
When a person issues post-dated cheques against a promise or any refund of money refundable by her or him and in the absence of any agreement, the receiver of the cheques holding the said cheque is free to present the same for encashment on any date and if the cheques are dishonored or bounced for any reason, then holder of the Cheque can file a criminal suit against the drawer of the cheque under section 138 N I Act, 1938 within three months from the date on which it was presented in the bank. A post-dated cheque leaf, voluntarily signed and handed over by the Drawer of the cheque, which is towards some payment, would attract presumption under Section 139 of the N.I. Act and on dishonor of the cheque, the cheque's drawer will be held accused under Sec. 138 of N I Act, 1938. A legal notice has to be served on the drawer of the cheque within 30 days of the instance of dishonor. The purpose is to give the drawer of the cheque a proper notice regarding the dishonor of the cheque irrespective of the reason behind the dishonor of the cheque and a chance to repay. Cause of action arises when notice is served on the drawer and the drawer fails to make payment of the amount of the cheque within 15 days. The holder of the bounced cheque must file the complaint against the drawer of the cheque before the Magistrate within 30 days of the expiry of 15 days of issuing the cheque bounce notice to the drawer of the cheque. Your query lacks information about the date of dishonor of the cheque, i.e., the cause of action that makes us unable to guide you as to whether your right to sue is now barred by law of limitation or not. So, reach out to an Advocate for necessary guidance and steps.
Posted On 18-Mar-2025
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