What is the time limit for filing of case under section 138?
Section 138(b) of the Act inter alia provides that the payee has to make demand for the payment of money by giving a notice “to the drawer of the cheque, within fifteen days of the receipt of information by him from the bank regarding the return of the cheque as unpaid”.06-Feb-2022
A 15-day notice period shall be stated in any notice sent to the Drawer. No crime is believed to be committed by Drawer if the Drawer pays the full amount within the 15-day notice span. If not, the Payee can choose to claim against such defaulting Drawee in the competent court.
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.
The Calcutta High Court held that in case of death of an accused the compensation awarded under Section 138 of the Negotiable Instruments Act, 1881 can be recovered from the estate of a deceased accused, but an interim compensation awarded under Section 143A of the said Act cannot be recovered from the estate of a 08-May-2022
Can FIR be lodged for cheque bounce?
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
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 serious is cheque bounce case?
In India, a person issuing a cheque will be committing a criminal offence if the cheque is dishonoured (cheque bounce) for insufficiency of funds. Cheque bounce offence is punishable with imprisonment for a term up to two years or with a fine twice the amount of the cheque or both.
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.
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.
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
Is cheque bounce a criminal offence in UAE?
Response: Pursuant to your queries, dishonour of a cheque on grounds of insufficient funds in the bank account is no longer a criminal offence in the UAE.23-Jan-2022
Sometimes, the complainant dies during the trial of the cheque bounce case, which he files. Then the pendency of the trial the legal heir of the complainant can approach the court to allow him to continue the said proceedings.19-Mar-2022
What happens to case if complainant dies?
247, Criminal P. C., to suggest that it has no application when a complainant is dead. Section 247 says that in a summons case, if the complainant is absent it is imperative on the part of the Magistrate to acquit the accused unless there is a proper reason for adjourning the case.
A Cheque is valid only for a period of three months from the date of issue and after that it is invalid though deposited in bank. Liability of person after his death extends only to the extent of the property standing in his name.
How can I get bail in section 138?
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
What is the minimum amount for cheque bounce case?
Act, a minimum of 20% of the fine or compensation awarded by the trial court is directed to be deposited, said SC. Cheque Bounce Case: The Supreme Court has held that the accused shall deposit 20 per cent of the amount in question to appeal against order in a cheque bounce case.11-Jan-2020
In case of cheque bounce, the demand notice shall be issued within 30 days of such dishonor. It is advisable to hire a lawyer for the same. In order to successfully register a case of cheque bounce, the payer/drawer must fail in fulfilling the pending payment within 15 days from the receipt of the notice.
What is defence evidence in cheque bounce case?
In this defence, the accused has to prove that the cheque was given as a security deposit and not for any discharge of debt or liability; hence, the case would not stand out under Section 138 of the Negotiable Instruments Act.23-May-2022
Accused is not competent to tender affidavit by way of evidence in Section 138 Negotiable Instruments Act, 1881 proceedings. The Punjab and Haryana High Court has held that an accused facing trial under the provisions of Negotiable Instruments Act cannot be allowed to tender affidavit by way of evidence.
What is a reasonable time for giving notice of dishonor?
If the holder and the party to whom notice of dishonor is given carry on business or live (as the case may be) in different places, such notice is given within a reasonable time if it is dispatched by the next post or on the day next after the day of dishonor.
What is the time limit for filing of case under section 138?