My friend owes me ₹1 lakh (₹100,000) and gave me a cheque dated 20th April 2016. He promised to pay but couldn’t. I tried depositing the cheque on 22nd April, 24th May, and 20th June but it bounced each time due to insufficient funds. I’ve read online that I needed to send a legal notice within 30 days of the cheque bouncing and then file a criminal case within 30 days if payment wasn’t made. It’s been more than three months since the last bounce (23rd June 2016), and today is 27th September. Should I deposit the cheque again? Is it necessary to have it bounce three times? What options do I have now?

Apni Law
Apni Law
Law Forum › Category: Cheque Bounce › My friend owes me ₹1 lakh (₹100,000) and gave me a cheque dated 20th April 2016. He promised to pay but couldn’t. I tried depositing the cheque on 22nd April, 24th May, and 20th June but it bounced each time due to insufficient funds. I’ve read online that I needed to send a legal notice within 30 days of the cheque bouncing and then file a criminal case within 30 days if payment wasn’t made. It’s been more than three months since the last bounce (23rd June 2016), and today is 27th September. Should I deposit the cheque again? Is it necessary to have it bounce three times? What options do I have now?
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Apni Law Staff asked 3 years ago

My friend owes me ₹1 lakh (₹100,000) and gave me a cheque dated 20th April 2016. He promised to pay but couldn’t. I tried depositing the cheque on 22nd April, 24th May, and 20th June but it bounced each time due to insufficient funds. I’ve read online that I needed to send a legal notice within 30 days of the cheque bouncing and then file a criminal case within 30 days if payment wasn’t made. It’s been more than three months since the last bounce (23rd June 2016), and today is 27th September. Should I deposit the cheque again? Is it necessary to have it bounce three times? What options do I have now?

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Best Answer

Apni Law Staff answered 3 years ago

You are likely beyond the statutory timeframe for filing a criminal case. You should consult a lawyer to explore legal options, including civil remedies, as the window for criminal action may have closed. Depositing the cheque again is unlikely to be beneficial and may even hinder your legal options.

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