Cheque Bounce Case - Limitation Periods

The payee has to sent the notice to the drawer within 30 days from the date of receiving “Cheque Return Memo” from the bank.

The notice should mention that the cheque amount has to be paid to the payee within 15 days from the date of receipt of the notice by the drawer.  

If the drawer fails to make a payment within 30 days of receiving the notice, the payee has the right to file a criminal complaint under Section 138 of the Negotiable Instruments Act.

However, the complaint should be registered in a magistrate’s court within a month of the expiry of the notice period.

Comments