What are my options if I did not file a case within 30 days of cheque bounce

[sameermaheshwari206]

Hi
I have been issued a cheque of Rs 30,000 by a company who owe me this money in liu of inability to provide me reservation for which I already paid this amount.
The cheque bounced on 18th of November.
I did not send any notice to the company as they promised to return my money within some time (I have mails from their company assuring it).
Now it’s been 2 months and finally they are sort of refusing to return my money.
Any advice on this will be highly valuable and important for me.

[Dr. Ashok Dhamija]

If the cheque is still within the period of its validity (which is generally 3 months), you can again deposit it in the bank and see if it is dishonoured again, and if yes, then you can follow the procedure mentioned in Section 138 of the Negotiable Instruments Act.

Otherwise, it is not possible to file the Section 138 complaint, if you had not given the notice to the drawer of the cheque within the stipulated period.

However, you can still file an appropriate civil suit for recovery of your amount due.

     

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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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