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What Is The Time Limit For 138 Cases?

  • Writer: lead India
    lead India
  • Jun 20, 2023
  • 3 min read

A cheque bounce case refers to a legal situation where a cheque issued by a person or entity is dishonoured by the bank upon presentation due to insufficient funds in the account or other reasons. It is a form of financial default or non-payment that can lead to legal consequences under Section 138 of the Negotiable Instruments Act in India. The recipient of the dishonoured cheque can initiate legal proceedings against the issuer, seeking compensation for the amount mentioned in the cheque along with any additional penalties or charges allowed under the law.


Documents Needed for Filing a Cheque Bounce Case

To file a cheque bounce case in India, the following documents are typically required-

  • Original Cheque- The original dishonoured cheque is essential as it serves as evidence of the transaction.

  • Legal Notice- A copy of the legal notice sent to the issuer of the cheque demanding payment within the stipulated time. This notice is typically sent within 30 days from the date of dishonour.

  • Postal Receipt or Courier Receipt- Proof of sending the legal notice to the issuer, such as the postal receipt or courier receipt, is important to establish that the notice was indeed sent.

  • Cheque Return Memo- The cheque return memo issued by the bank, which states the reason for the dishonour, such as insufficient funds, account closure, mismatched signature, or any other applicable reason.

  • Bank Statement or Passbook- A copy of the bank statement or passbook reflecting the dishonoured cheque and providing evidence of the insufficient funds or other reasons for the dishonour.

  • Acknowledgment Receipt- If the legal notice is accepted and acknowledged by the issuer, a copy of the acknowledgment receipt can be useful to demonstrate their receipt of the notice.

  • Affidavit and Power of Attorney- In some cases, an affidavit verifying the facts of the case may be required. Additionally, a power of attorney may be necessary if the complainant is appointing a lawyer or representative to act on their behalf.

Time Limit for Section 138 Cases

The time limit for filing a case under Section 138 of the Negotiable Instruments Act, which deals with dishonor of cheque cases, is typically 30 days from the date of receiving the legal notice on behalf of the cheque drawer.


However, it is important to consult a legal professional for accurate and up-to-date information, as the time limits can vary based on specific circumstances and jurisdictions.


Filing Procedure of a Cheque Bounce Case

The filing procedure for a cheque bounce case typically involves the following steps-

  • Legal Notice- The first step is to issue a legal notice to the drawer (issuer) of the dishonoured cheque. This notice demands payment of the amount mentioned in the cheque within a specified period, usually 15 days, from the receipt of the notice.

  • Waiting Period- After sending the legal notice, a waiting period is observed to allow the drawer to make the payment. If the payment is not made within the stipulated time, the next step can be taken.

  • Complaint Filing- If the payment is not made within the specified time, the complainant (the person or entity to whom the cheque was issued) can file a complaint before the appropriate court having jurisdiction over the matter. The complaint must be made within 30 days of the notice period's expiration.

  • Case Registration- The court will register the case and provide a case number and date for further proceedings.

  • Summons- The court will issue summonses to the accused (the drawer) to appear before the court on a specific date.

  • Evidence and Trial- Both parties will present their evidence, including examination and cross-examination of witnesses, to support their respective cases. The court will conduct the trial and hear the arguments.

  • Judgment- After considering the evidence and arguments, the court will deliver its judgment. If the accused is found guilty, the court will pass appropriate orders, which may include payment of the cheque amount, compensation, and/or imprisonment, as per the provisions of Section 138 of the Negotiable Instruments Act.

You will need the help of lawyers to keep a check on the time limit with respect to the cheque bounce case. If you need the help of lawyers in a cheque bounce case involving a company in Gurgaon, then corporate lawyers in Gurgaon can be hired, and if you need the help of lawyers in a cheque bounce case involving a company in Noida, then corporate lawyers in Noida can be hired. Similarly, corporate lawyers in Delhi can be employed if you need the help of lawyers in a cheque bounce case involving a company in Delhi.


For any type of legal consultation, you can consult and talk to a lawyer at Lead India. You could get online ask a legal questions in India for free. Along with free legal advice online, you can also receive free legal advice in India in return from Lead India.


Call Us: +91–8800788535

Email: care@leadindia.law



 
 
 

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