Customer bounced his cheque
5 years ago
Sir i have sold goods to a customer in invoice.He issued a cheque against purchase.The date mentioned on cheque was 08.04.2018. but i presented the cheque in bank on 28.05.2018 and cheque bounced on same day.Today date is 05.08.18.Can i file a cheque bounce case against him?
Gopal Bansal
Responded 5 years ago
The time limit to file a cheque bounce case is 30+15+30 days, i.e. legal notice to be served within 30 days of receiving cheque return memo, payment to be made by the defaulter within 15 days of receiving the notice and complaint to be made within 30 days starting from the day on which the time period of 15 days elapsed. Although you have not complied with the above-stated time span, still you can file a cheque bounce case u/s 138 of the NI Act because proviso to clause (b) of sub-section (1) of section 142 of the Act empowers the court to take cognizance of the complaint even after the prescribed period. For more information, you should hire a legal practitioner from the Vidhikarya platform having specialization in cheque bounce matters.
Deepak Yashwantrao Bade
Responded 5 years ago
Rajeev RJ
Responded 5 years ago
regards
Rajeev
RJ Associates
Trivandrum
Ajit Kumar Sinha
Responded 5 years ago
ROBERT D ROZARIO
Responded 5 years ago
Section 142 of the NI Act: Cognizance of offences.—2[(1)] Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),—
(a) *****
(b) such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to section 138:
3[Provided that the cognizance of a complaint may be taken by the Court after the prescribed period, if the the complainant satisfies the Court that he had sufficient cause for not making a complaint within such period;]
prasad
Responded 5 years ago
Adv Prasad Patil
Pune
Ravi Bhushan Pd Sinha
Responded 5 years ago
Srinivasan Ellappan
Responded 5 years ago
Johnson Thangiah
Responded 5 years ago
Your case not fit for 138-of-ni Act but file civil suit.
Ved prakash Shaw
Responded 5 years ago
Junaid Ali Khan
Responded 5 years ago
Ambrose Leo
Responded 5 years ago
Ashutosh & Co
Responded 5 years ago