Legal Question in Banking Law in India

Cheque Bounce

exactly 2 months back i send a legal notice, for cheque bounce. Also, its almost 3 months, from the date the cheque got bounced. Is it possible for me to file criminal case against that person, or even a cheating case under IPC 420.

ThankYou, looking for your support


Asked on 1/28/08, 9:24 am

5 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Cheque Bounce

it depends on facts of your case and the documentary evidence with you

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Answered on 1/29/08, 5:33 am
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: Cheque Bounce

It appears that your opportunity to file case under Section 138 is lost for lapse of complaint within 30 days from non compliance of demand notice. however you can file case under Section 420. Please confirm really u can prove the ingredients of 420 then u can safely proceed

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Answered on 1/30/08, 12:31 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Cheque Bounce

You may file a case as soon as possible.

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Answered on 1/28/08, 11:27 am

Re: Cheque Bounce

your case falls within 138 NI Act only.

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Answered on 1/28/08, 11:44 am
J. Radhakrishnan independent Practice

Re: Cheque Bounce

So far as Cheating case is concerned you can file the same within three years from the date of cause of action. If u want to combine that case with Sec.138, you have to file the complaint immediately with an application supported by affidavit adducing sufficient cause for not preferring the same within a month from the expiry of 15 days of the date of receipt of notice by the drawer of the cheque. Further delay will only bar your case under that section.

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Answered on 1/28/08, 7:51 pm


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