What is the limitation period for filing case under Section 138 of Negotiable Instruments Act?

Under Negotiable Instruments Act the limitation period is 30 days from the expiry of the notice period. Limitation period is the time within which you need to file a complaint case, failing which the right to seek that remedy lapses. You can still file a case for cheque bounce after the lapse of 30 days if you can provide with a reasonable justification in regards to the delay. The limitation period to send a notice on receiving information as to dishonour of cheque is 30 days. Thus, to sum up the timeline is:

 

  • Step 1: Dishonour of Cheque and receipt of information from banker.

  • Step 2: Send a notice within 30 days of receipt of such information. If drawer takes steps and you receive your dues before expiry of notice period, you can escape legal proceedings.

  • Step 3: Lapse of notice period in 15 days.

  • Step 4: If no action is taken by drawer, you can now file a criminal case against him with the help of top cheque bounce lawyers in India.

 

It is pertinent to note that you have a right to represent the cheque to the bank even if it is dishonoured once.


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