Adv. Satyam Sondh

The limitation (the time limit) to file a cheque bounce case as given under the Negotiable Instruments Act, 1881 (for the complaint under Section 138 of the Act) runs in three stages:- [30 days, 15 days and 30 days] Firstly, For the Legal Notice/ Demand notice: The Drawee/ complainant has to given a demand notice in writing within 30 days of receiving information from the bank that the cheque was returned unpaid/ dishonored (Section 138(b)). Secondly, Drawer’s payment window: The drawer of the cheque has 15 days from date of receipt of the notice to make the payment (Section 138(c)) and the drawee/ complainant has to wait for 15 days for payment or to file a complaint in court. Thirdly, Filing the complaint: If the drawer fails to make the payment in above-mentioned 15 days, then the complaint must be filed within 30 days from the day when above-mentioned 15 days expires. So, in other words the cause of action to file complaint arises on the 16th day after expiry of above-mentioned 15 days (Section 142(1)(b)).