Cheque Bounce Case Time Limit
Cheque Bounce Case Time Limit in India
A cheque bounce is a serious offense in India, and the person who issues the bounced cheque can face both civil and criminal penalties. If you are the payee of a bounced cheque, you have a limited time to take legal action. The time limit for filing a cheque bounce case in India is as follows:
- 30 days to send a legal notice. You must send a legal notice to the drawer of the bounced cheque within 30 days of the date of the bounce. The legal notice should state the amount of money that is due, and it should give the drawer 15 days to make the payment.
- 45 days to file a complaint. If the drawer does not make the payment within 15 days of receiving the legal notice, you can file a complaint with the magistrate court within 45 days of the date of the bounce.
If you fail to file a complaint within the 45-day time limit, the case will be time-barred, and you will not be able to recover the money.
What happens if I file a cheque bounce case?
If you file a cheque bounce case, the drawer of the cheque may be held liable for both civil and criminal penalties. The civil penalties include:
- The payment of the amount due on the cheque
- Interest on the amount due
- Damages
The criminal penalties for cheque bounce include:
- Imprisonment for up to two years
- A fine of up to Rs. 25,000
How to file a cheque bounce case?
To file a cheque bounce case, you will need to file a complaint with the magistrate court in the jurisdiction where the cheque was issued. The complaint should be accompanied by the following documents:
- The bounced cheque
- The legal notice that you sent to the drawer
- Proof of delivery of the legal notice
What are the chances of winning a cheque bounce case?
The chances of winning a cheque bounce case are generally good, as the drawer of the cheque has a legal obligation to make payment on the cheque. However, there are a few factors that can affect the outcome of the case, such as the strength of the evidence and the reputation of the parties involved.
Conclusion
If you are the payee of a bounced cheque, it is important to take legal action within the 45-day time limit. This will give you the best chance of recovering the money that is due to you.
Here are some additional tips for filing a cheque bounce case:
- Get legal advice from an experienced lawyer.
- Gather all of the relevant documents, such as the bounced cheque, the legal notice, and proof of delivery.
- File the complaint with the magistrate court in the correct jurisdiction.
- Follow the procedures set out by the court.
By following these tips, you can increase your chances of winning a cheque bounce case and recovering the money that is due to you.
