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Cheque Related Dispute

A. What to do if the Drawer of the Cheque does not make the payment of the amount of the dishonoured cheque within Fifteen (15) days from the date of receipt of legal notice of demand?

Answer
     A
 Criminal Complaint under Section 138 of Negotiable Instrument Act before the Court against the drawer of the cheque / check can be filed. 
     Further Simple Money Suit or Money Suit under Order 37 of the C.P.C. for the recovery of amount of the dishonoured cheque can be filed.

B. What is the Time Period for filing Criminal Complaint under Section 138 of Negotiable Instrument Act before the Court?

Answer
     
Drawer of the cheque can make the payment of the amount involved in the Dishonored (dishonoured, bounced) cheque / checkwithin Fifteen (15) days from the date of receipt of legal notice of demand. 
     If the Dishonored (dishonoured, bounced) cheque / checkamount is not paid within said fifteen days, then you can file the Criminal Complaint under Section 138 of Negotiable Instrument Act before the Court within thirty (30) days henceforth. That means, after fifteen days from the date of receipt of legal notice of demand by the drawer, you have thirty days to file the said Criminal Complaint.

C. What is the Time Period for filing Simple Money Suit or Money Suit under Order 37 of the C.P.C. for the recovery of amount involved in the Dishonored (dishonoured, bounced) Cheque / Check ?

Answer
     
Three (3) Years from the date mentioned in the dishonoured cheque. But a part payment is made subsequently then the 3 years shall be counted from the date of said payment for the recovery of remaining amount. 

D. Do I have to file both the said Criminal Complaint under Section 138 of Negotiable Instrument Act and Simple Money Suit / Money Suit under Order 37 of the C.P.C. or I can opt for any one of them?

Answer
     
You can file any one of the Criminal Complaint under Section 138 of Negotiable Instrument Act and Simple Money Suit / Money Suit under Order 37 of the C.P.C., or you can file both the cases. The choice is yours, however, if substantial amount is involved in Dishonored (dishonoured, bounced) Cheque, it is always advisable to file both the cases.