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 Rahul Kumar Sah

Advocate Rahul Kumar Sah

Anticipatory Bail, Arbitration, Banking & Finance, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Insurance, Motor Accident, Muslim Law, Property, Recovery, Succession Certificate, Wills Trusts, Revenue, Court Marriage, Labour & Service, R.T.I, Documentation, GST, Tax, Medical Negligence, Media and Entertainment, Startup, Child Custody, Corporate, Bankruptcy & Insolvency

Get Advice
Advocate Mahesh Morepatil

Advocate Mahesh Morepatil

Criminal, Anticipatory Bail, Cyber Crime, High Court, Supreme Court, Cheque Bounce

Get Advice
Advocate Pradeep K Sharma(upadhayay)

Advocate Pradeep K Sharma(upadhayay)

Civil, Criminal, High Court, Property, Revenue, Anticipatory Bail, Cheque Bounce, Banking & Finance, Labour & Service, Supreme Court

Get Advice
Advocate Kallepalli Srinivasa Rao

Advocate Kallepalli Srinivasa Rao

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Revenue

Get Advice
Advocate Aaqib Rashid

Advocate Aaqib Rashid

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

Get Advice
Advocate Amol Balu Chandole

Advocate Amol Balu Chandole

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

Get Advice
Advocate Abhijit Chanda

Advocate Abhijit Chanda

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Documentation, GST, Domestic Violence, Family, High Court, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate, Supreme Court, Wills Trusts

Get Advice
Advocate Inamul Haque

Advocate Inamul Haque

Motor Accident, Cheque Bounce, Civil, Anticipatory Bail, Trademark & Copyright, Cyber Crime, Divorce, Criminal, High Court, Medical Negligence

Get Advice
Advocate Akhilesh Kumar Mishra

Advocate Akhilesh Kumar Mishra

Cheque Bounce, Civil, Court Marriage, Criminal, Motor Accident, Succession Certificate, Property, Wills Trusts

Get Advice
Advocate M.k Gaur

Advocate M.k Gaur

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, Motor Accident, Recovery, Succession Certificate, Wills Trusts

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.