Can 138 notice be sent after 30 days?
After giving notice you need to file a complaint case against drawer under Section 138 N.I. Act within 30 days from the expiry of notice period i.e. 15 days. In other words you need to file complaint case against drawer within 45 days (15+30) from the date of issue of notice.
Only the payee can issue the notice under Section 138 to the defaulting drawer. However, the payee can issue the notice under Section 138 of the Negotiable Instruments Act through an advocate or legal firm.14-Apr-2022
What is the limitation period for 138 NI Act?
30 days
Procedure that is followed in matters with regard to Section 138 of the Act is as follows: A legal notice is to be issued to the drawer within 15 days of dishonor of cheque by registered post with all relevant facts.06-Jun-2019
What is the time limit for cheque bounce case?
What is the limit for cheque bounce case? As per Negotiable Instruments Act, legal notice must be sent within 30 days from the date of cheque bounce. Thereafter within 15+30=45 days from the date of sending the legal notice, case must be filed.
Can I file an FIR for a cheque bounce? Yes, you can file an FIR against the person who has issued a cheque. A person can then file a case against the issuer of the cheque under Section 420 or 406 of the Indian Penal Code (IPC) in a criminal court.25-Apr-2022
Is cheque bounce a criminal case?
If a cheque is bounced citing insufficient funds in bank account, it is a criminal offence and the payee - the person or the bank - can file a complaint under Section 138 of the Negotiable Instruments Act.04-May-2022
File a counter case: If the person files a false cheque bounce case against you in the court, you can file a reply to the case through a lawyer for cheque bounce case near you. You can also file a counter file of cheque against the person for filing a false cheque bounce case against you.
How do you defend a 138 case?
U/S 138 YOU CAN PROTECT YOURSELF ONLY IF YOU HAVE PROOF THAT THE CHEQUE IS GIVEN AS SECURITY . SECURITY CHEQUE IS OUTSIDE THE PREVIEW OF CASE U/S 138 . IF YOU HAVE NO PROOF OF SECURITY THAN YOU ARE LIABLE TO BE PROSECUTED U/S 138 AND GO FOR THE BAIL AND APPOINT A LAWYER TO PROCEED.
4. The offence under Section 138 of the Negotiable Instruments Act is a bailable one, since the same is punishable with imprisonment for a maximum period of two years.
What is the limitation period to file the complaint?
(1) The District Commission, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.
Summary suits are only permissible in the context of matters of recovery. Therefore, in matters of cheque bounce, a summary suit can be filed for the purpose of recovering the money.10-Feb-2021
What legal action can be taken for cheque bounce?
If the cheque issuer fails to make a fresh payment within 30 days of receiving the notice, the payee has the right to file a criminal complaint under Section 138 of the Negotiable Instruments Act. However, the complaint should be registered in a magistrate's court within a month of the expiry of the notice period.24-Jun-2013
The cheque bounce notice must contain the name of the cheque beneficiary, check issuer name and address, date of return of cheque, reason for return of cheque, request to make arrangement for alternate payment immediate and the words that the notice is issued under Section 138 of the Negotiable Instrument Act.
What is the bail amount for cheque bounce case?
The High Court directed that in the event of arrest of the applicant in connection with the aforesaid crime number, he shall be released on bail upon his furnishing personal bond in the sum of ₹ 50,000/- with one surety in the like amount to the satisfaction of the arresting officer.27-Oct-2020
Negative Impact on your CIBIL score: A bounced cheque can dent your financial credit history. Even a single bounce can impact your CIBIL score irreparably to such an extent that you can possibly be denied a loan in the future.19-Jun-2015
What is false cheque bounce case?
But cheque bounce cases are rising in today s time and the Indians courts are filled with these cases which are filed under Section 138 of the Negotiable Instruments Act,1881. These cases are usually to extract money from someone or to harm and spoil his/ her reputation.
Payment of Cheques/Drafts/Pay Orders/Banker's Cheques In India, it has been the usual practice among bankers to make payment of only such cheques and drafts as are presented for payment within a period of six months from the date of the instrument.04-Nov-2011
Can 138 and 420 be filed together?
Answer By Lawyer : Both of them can be filed together. S. 420 is for the offence of cheating whereas S. 138 NI Act is for dishonour of cheque.
If a cheque bounces due to insufficient funds or any other technical reason, such as signature mismatch, their respective banks charges for both the defaulter and the payee. The penalty charges for cheque outward return are close to Rs. 300 for most banks, while charges for cheque inward return are about Rs. 100.06-May-2019
Is stopping a cheque illegal?
The Supreme Court has ruled that stopping the payment of a post-dated cheque, issued to discharge debt or liability, is a criminal offence under the Negotiable Instruments Act. Cheques and similar instruments used in commercial transactions should inspire confidence, the court stated.28-Jan-2013
Can 138 notice be sent after 30 days?