The article discusses the limitation period for Cheque bounce cases during the coronavirus pandemic in India.
What Constitutes a Dishonour of Cheque?
If you have received a cheque that bounced, and you believe this occurred due to the coronavirus pandemic, then the limitation period for filing a bounce case in India begins from the cheque date.
The limitation period is three months from the date of the cheque, which means that if you believe that your bounced cheque was issued within this time frame, you can file a bounce case with your bank.If you cannot file a bounce case within three months after the date of the cheque, then you may be able to file a claim against the person who issued the cheque after this time limit has passed.
The General Period of Limitation in Case of the Dishonor of Cheque
The Honorable Supreme Court of India, while disposing of a petition filed by a bank challenging the validity of Cheque Bounce Order issued by the then State Bank of India (SBI) on October 2, 2003, observed that: ‘The question is how long such an interval should be. In our opinion, it should not be more than six months.’
The SBI cheque bounce case refers to a petition filed by the State Bank of India (SBI) challenging the validity of an order issued by the then State Bank of India (SBI), dated October 2, 2003. The petitioner had alleged that the order was erroneous and amounted to an infringement of its rights under Article 19(1)(a) of the Constitution of India. The issue before the court was whether or not the six-month limitation provided in Article 226(2)(a) of the Code of Civil Procedure, 1908, would apply to this case. The Honorable Supreme Court held that: ‘….the question is how long such an interval should be. In our opinion, it should not be more than six months.’
What Is the Limitation Period for Cheque Bounce Case?
The limitation period for cheque bounce cases during the coronavirus pandemic in India is six months from the date of issue.
How Do You File a Case Against an Offender
If you have been a victim of cheque bounce and don’t know how to file a case against the offender, here are some steps that you can take:
- First, try contacting the offender directly. If they are unwilling to help, you can seek help from an advocate or law firm.
- Next, gather all of the information that you can about the incident. This includes the date of the cheque, the account number, and the name of the person who wrote the cheque.
- Finally, create a case file with all of this information. You must provide this file to the advocate or law firm when you contact them.
In case of a Cheque bounce Charges, it is important to know the limitation period for filing a case. This period varies depending on the jurisdiction in which the incident took place. In India, the limitation period is three months from the date of issue.
If you have not filed a case with your bank within these three months or contacted the person who received the cheque, you may file a case after those three months have expired. If you have already filed a case and your bank has asked you to provide additional information, be sure to do so as soon as possible. If you do not provide this information within the specified time-frame, your case may be dismissed, and you may have to start from scratch.
How Long Can a Claim Be Pending Before It Becomes Barred
For example, how long can that claim be pending if a claim was filed on May 1, 2016, and the debtor died on December 31, 2016? A claim has to be pending within two years after its filing.
If a written demand letter has been issued to the debtor on or before December 31, 2017, it should not be considered filed after December 31, 2017, and such an alleged lien will continue in force. Such a claim can be filed without any time limitation.
In case of a Cheque bounce, the drawer should apply to the cheque within six months from the date it is dishonoured. If he fails to do so, then the bank which has issued him the cheque will apply for its seizure and arrest by sending a notice to the non-respondent to pay the amount within 14 days of receipt of such notice.
Conclusion:
As the coronavirus pandemic in India continues to unfold, individuals and businesses must be aware of the Limitation Period for Cheque Bounce Cases. The limitation period for Cheque bounce cases during the coronavirus pandemic in India has been extended by six months.
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