wat is the time limit for do the case file against the party whos cheak is return as discussion no. 1945
From India, Chaklasi
Dear Seevim,

At the outset, I would like to advise that for best results the appropriate place to address your further query would have been here--


In response to your present concern, please be advised that per the Negotiable Instruments Act upon non-payment of the amount due on dishonoured cheque within fifteen days of the receipt of notice by the drawer, the complaint should have been filed within one month from the date of expiry of grace time of fifteen days, before a Metropolitan Magistrate not below the rank of a Judicial Magistrate of the First Class. The cognizance of a complaint may be taken by the court after the prescribed period, if the complaint satisfies the court that he had sufficient case for not making complaint within such period.

Section 142 of the Negotiable Instruments Act, 1881 (Cognizance of offences), clause (a) and (b) state that:

(a) No court shall take cognizance of any offence punishable under section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder in due course of the cheque;

(b) such complaint is made within one month of the date on which the cause-of-action arises under clause (c) of the provison to section 138.

Best regards,


From India , Delhi

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