You have the following options if you have failed to file the case of cheque bounce within the stipulated period of one month after cause of action arises for cheque bounce case:
(1) If the cheque is still during its validity period (of 3 months or 6 months, as the case may be), try depositing the cheque again in the bank; if it bounces again, you can issue a fresh notice to the issuer of the cheque.
(2) Section 142 of the Negotiable Instruments Act which mandates that the complaint in respect of cheque bounce case is required to be filed within one month of the cause of action arising under Section 138, also says that “the cognizance of a complaint may be taken by the court after the prescribed period, if the complainant satisfies the court that he had sufficient cause for not making a complaint within such period”. So, you can try filing the complaint with an application for condonation of delay, if you have some reasonable justification for the delay in filing the complaint. If the court is satisfied, it may still take cognizance.
(3) File a summary suit for recovery of money from the issuer of the cheque.
(4) Try to negotiate with the issuer of cheque for return of the money, if possible.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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