Paid Advise

When can I file complaint in cheque bounce case

Shivendra Pratap Singh

Advocate

15/01/2017

Reading Time:

When can I file a complaint about the offence of dishonour of cheque? Dishonouring of a cheque for insufficiency of the fund in the account is generally called bounce of cheque. Section 138 of the Negotiable Instrument Act 1881 envisages bounce of cheque is an offence and also provides punishment for the offence of cheque bounce.

For the initiation of a criminal proceeding for the commencement of offence it is required to make a complaint within the limitation period. No FIR shall be lodged for the offence punishable under section 138 of the Negotiable Instrument Act 1881. FIR is lodged, under section 154 of the code of criminal procedure 1973, only in respect of the commencement of cognizable offence.

Dishonour of cheque is a cognizable offence but according to section 142 of the Negotiable Instrument Act 1881, no court shall take cognizance of any offence punishable under section 138 except upon a complaint.
The complaint shall be made after the commencement of offence. The offence of dishonour of cheque has been committed when drawee of the cheque is failed to make payment of the amount to the payee.

There are three stages to be fulfilled before the filing of the complaint. First, the cheque should be presented within a period of three months from the date on which it is drawn or within the period of its validity.
Second, when the payee receives information of dishonour of cheque for the reason of insufficient fund or any other reason, he should make a demand for the payment of the said amount of money by giving a notice in writing to the drawer of the cheque within 30 days of the receipt of information from the bank.

Third, after giving a demand notice to the drawer of the cheque for the payment of the said amount of money the payee should wait for 15 days for fulfilment of that demand. The offence is said to be committed if drawer fails to make the payment of the said amount of money within 15 days of the receipt of the said notice.

That 15 day is the waiting period for the fulfilment of the demand for money. No complaint shall be filed unless these 15 days has elapsed. It may be possible that drawer can fulfil the demand on the last day of said period. Hence, no complaint can be filed within 15 days of the date of receipt of the notice.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Can investigating officer send the document to FSL?

Question: Can investigating officer send the document to FSL? I am 75 years Retd ISRO scientist in Hyderabad.  Seeking your advice/suggestion/consultation on a small clarification. I had bought 1 Acr land  in 1997 and got it mutated in 2019. ROR is in my...

Prosecution sanctioned not in three months is it valid? 

Question: Prosecution sanction by competent authority is granted after lapse of stipulated period mandated and specified under Section 19 of the P. C. amendment act 2018. Prosecution sanctioned not in three months is it valid?  Whether the sanction is valid or...

Case filed based on False Sale Agreement 

Question: I am 74 yrs old so don't want the case to drag on for obvious reasons. Hence this query. Never had a brush with court in these 74 years but NOW I have been made respondent in a case against me based on a clearly Forged document.  Bought 1 acr land in...

How to lodge FIR in loss of mobile phone?

Question: I am from Kolkata. my Phone has some last memories of my grandma. I lost my mobile on 16.05.2022 and my mobile rang for about 6 hours and then switched off. How to lodge FIR in loss of mobile phone? Obviously it's switched off by someone. I went to the local...

Can I file FIR against husband in delhi for bigamy?

Question: Our marriage solemnised in the UAE. My husband is working in the UAE. After I got married in UAE on 5th Feb 2022 I came to know that I have been cheated. My husband was married 2 times before Married to me. He has not dissolved his previous marriage. Can I...

Physical assault from my boyfriend

Question: Physical assault from my boyfriend. I went to the police station for an FIR but they refused to lodge. They said to approach the court and file the complaint. As I was afraid he could do the same to me, I left him and went to my place as we are living in a...

Withdraw criminal case in the absence of accused

Question: Is it possible to withdraw a criminal case in the absence of an accused? Hi Sir, My sister in law filed two cases against my brother which were 1. Warrant of Summons Criminal Case, IPC none 2. Criminal Misc. Cases, IPC. For one of them I've received court...

Search and arrest by police in a different state

Question: The police of Uttarakhand come to Uttar Pradesh, search and arrest a person under NDPS Act. Police of Uttarakhand become the complainant of the case. Can they really do so? Search and arrest by police in a different state is possible or not. Asked from:...

Can we prove our absence through the CDR?

Question: We are facing the false family matters cases at Jhansi courts. Can we prove our absence through the CRD? Can I get it from the court? Date of incidence on record is 23.06.2019 at Jhansi. But we weren't in Jhansi at that time. In Fact we were at our...

Can the court quash the FIR lodged under Section 468 IPC?

Question: Allegation made under 468 IPC. Now the parties have settled the matter. But the trial is proceeding. So can we quash the case? Can the court quash the FIR lodged under Section 468 IPC? Asked from: Uttar Pradesh Section 468 of Indian Penal Code is a non...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54