Table of Contents
- 1 How much time does it take to solve a cheque bounce case?
- 2 What is the limitation for filing complaint under section 138?
- 3 What if accused does not appear in cheque bounce case?
- 4 Can 138 notice be sent after 30 days?
- 5 How do you cancel a non bailable warrant in a Cheque bounce case?
- 6 How can I clear a cheque bounce?
How much time does it take to solve a cheque bounce case?
A cheque bounce case will realistically take you anywhere from 1 to 2.5 years to conclude. The penalty amount is twice the cheque amount which should be more than enough to cover your expenses and the accused may just want to settle in the meantime.
What is the limitation for filing complaint under section 138?
30 days
Under Negotiable Instruments Act the limitation period is 30 days from the expiry of the notice period. Limitation period is the time within which you need to file a complaint case, failing which the right to seek that remedy lapses.
Can cheque bounce case be withdrawn?
Popular Cheque Bounce Lawyers Yeah the complainant can withdraw the case,both the parties would have to file a MOU that the amount has been paid and the dispute is settled. Complainant can file an application for withdraw the warrant as the matter has been settled.
What if accused does not appear in cheque bounce case?
If he does not appear in the court, the court will issue an arrest warrant against him. After appearance, the accused is supposed to take a bail from the court with or without sureties. If the accused is unable to furnish a surety then he can deposit a cash security, instead of surety.
Can 138 notice be sent after 30 days?
Act by condoning delay of one day in issuing notice by the original complainant as provided under Section 138(B) of the N.I. Act. When the notice has not been issued beyond 30 days of receipt of intimation from the Bank, complaint under Section 138 of the N.I. Act is not maintainable.
Can 138 complaint be withdrawn?
You need to file an application stating that you have received the entire payment and there is no more issue and therefore you want to withdraw the complaint. Thereafter the Court will dismiss the complaint as withdrawn.
How do you cancel a non bailable warrant in a Cheque bounce case?
you need to file an application for cancellation of NBW before the same court, when the Court orders for cancellation of earlier NBW it will issue an order and receipt (receipt of payment of fine if the court has ordered against cancellation of NBW).
How can I clear a cheque bounce?
If the cheque issuer fails to make a fresh 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.