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 M Ramesh Chauhan

Advocate M Ramesh Chauhan

Banking & Finance, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Immigration, Insurance, Motor Accident, Property, R.T.I, Recovery, Consumer Court, Corporate, Customs & Central Excise, Breach of Contract, Armed Forces Tribunal, Bankruptcy & Insolvency, Anticipatory Bail, Arbitration, Documentation, International Law, GST, Landlord & Tenant, Labour & Service, Media and Entertainment, Medical Negligence, Patent, Muslim Law, NCLT, Tax

Get Advice
Advocate Varukolu Rajalingam

Advocate Varukolu Rajalingam

Cheque Bounce, Civil, Criminal, Divorce, Documentation, Domestic Violence, Family, R.T.I, Revenue, Motor Accident

Get Advice
Advocate Akash pansuriya

Advocate Akash pansuriya

Cheque Bounce,Divorce,GST,Labour & Service,Tax,

Get Advice
Advocate Rajat Prasad

Advocate Rajat Prasad

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Consumer Court, Corporate, Criminal, Cyber Crime, Domestic Violence, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, R.T.I, Startup, Supreme Court, Trademark & Copyright, Documentation, Armed Forces Tribunal, Wills Trusts, Property, Tax, Immigration, Divorce, International Law, Patent, Recovery, Civil, Banking & Finance, GST

Get Advice
Advocate Mahesh Sharma

Advocate Mahesh Sharma

Cheque Bounce, Civil, Criminal, Divorce, Domestic Violence, Family, Insurance, Motor Accident, Property, R.T.I, Revenue

Get Advice
Advocate Rohit Badke

Advocate Rohit Badke

Breach of Contract, Cheque Bounce, Court Marriage, Landlord & Tenant, Domestic Violence, Property

Get Advice
Advocate Raghvendra Singh Chauhan

Advocate Raghvendra Singh Chauhan

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Documentation, Family, High Court, Labour & Service, Motor Accident, NCLT, Property, R.T.I, Revenue, Corporate

Get Advice
Advocate Gottumukkala Lakshmaiah

Advocate Gottumukkala Lakshmaiah

Anticipatory Bail, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Divorce, Documentation, GST, Domestic Violence, Family, Landlord & Tenant, Media and Entertainment, Motor Accident, Medical Negligence, Muslim Law, Recovery, Property, Patent, RERA, Startup, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Jitender Sharma

Advocate Jitender Sharma

Cheque Bounce, Domestic Violence, Banking & Finance, Insurance, Property, Civil, Consumer Court, Corporate

Get Advice
Advocate Neha Gupta

Advocate Neha Gupta

Property, Recovery, High Court, Anticipatory Bail, Cheque Bounce, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Immigration, Bankruptcy & Insolvency

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.