What to do if there is delay in issuing notice for cheque bounce?

[Anonymous]

A cheque which had been issued to me bounced about three months back but I could not send a legal notice to the drawer of the cheque on time. I am given to understand that it is already too late to issue the legal notice now at this stage. What can be done now in this matter?

[Dr. Ashok Dhamija]

The payee is required to issue notice to the drawer of the cheque within 30 days of getting the information from the bank about cheque dishonour. In your case, you have said that a period of 3 months have lapsed. Therefore, now if you issue such notice, it would not satisfy the legal requirements. Therefore, now it would not be possible for you to file a cheque bounce case.

Since 3 months’ period has lapsed, the cheque may already be beyond its validity period, due to which it may not be possible for you now to deposit the cheque for second time.

But, you can file a summary suit for recovery of the money in the civil court. Moreover, if in the facts of your case, an offence under Section 420 IPC can be made out, you can try that too [see: Can cheating case under Section 420 IPC be filed in cheque bounce?].     

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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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