When Can a Section 138 Cheque Bounce Complaint Be Quashed in Delhi?
cheque bounce case become troublesome once the summons is served upon you. Normally I would see them and ask that question if the case is within the limitation period.
If a cheque dishonor complaint has been filed against you in delhi its worth asking about limitation. This can allow you to get your case quashed but that is not always the case you will have to analyze from date of dishonor to notice being served and received add the final 15 days to file complaint.
cheque bounce case Advocate BK Singh will check for any delay. Perhaps your case is past limitation but there may have been a holiday. Or the notice may have been served on another day. It could be the cheque was re-presented or they may have filed a petition of condonation. To name a few things he will look for.
A cheque is an offence under Negotiable Instrument Act 1881. So we would look at section 142 of this act. For cognizance and limitation period of a complaint. Currently high court has applied its inherent power under BNSS 2023 section 528.
This is what you want to ask yourself when finding out about your limitation period on your cheque bounce case. Was the complaint filed in time or why was it not filed in time. There could be many reasons for a case to be overdue.
That is where Advocate BK Singh will dig deeper.
Why Does Cheque Bounce Limitation Matter in Delhi in 2026?
Limitation objection will affect your case if rightly and lawfully placed. . There are many events that occur from date when you submit the cheque to the payee to the time limit that runs as per section 142 b. These are presentation of cheques, knowledge about dishonour of cheque, notice and providing 15 days to drawer to clear the amount of cheque. Only after this the cause of action comes into picture.
Limitation objection has been placed many times before the Delhi High Court. They have taken note of the timeline involved. The Hon'ble Delhi High Court in a recent case of the year 2024 have stated. How much time did you file your complaint if we consider the number of holidays or whether the cause of action came into existence or not. Further they observed that if you have a sufficient cause under section 142(b). Your complaint could be condoned by the Court.
As we come to this conclusion. Yes your complaint is barred if you filed it after a month of cause of action arising. The court will listen to your side on what sufficient cause do you have. But if you failed to send a notice within the stipulated time then that will be another argument. You can't combine both the time period together.
So if you think your complaint is filed after time or notice was served after time or you are confused with the dates. Please reach out to Advocate BK Singh Delhi.
Quick Facts
- A Cheque bounce will come under section 138 of negotiable instrument act 1881.
- Notice has to be issued within 30 days of dishonor of cheque as per section 138(b).
- After issuing the notice drawer will have to make the payment within 15 days of receiving the notice.
- Cause of action will arise after expiry of these 15 days when drawer has not made the payment.
- Section 142(b) allows us to file a section 138 case within 1 month from the cause of action.
- If you fail to file within the prescribed time then the court can allow you to file if you are able to satisfy the Magistrate with a good reason.
- BNSS has empowered High Court to use its power u/s 528 if warranted but does not allow us to quash any case on defect.
What is Limitation in Section 138 Complaint?
When i say Limitation what i mean is that time in which a complaint is to be filed against Section 138 once the cause of action has occurred.
This usually doesn't begin on the date your cheque has been returned back by the bank. Many people take it so.
If there arises any issue regarding limitation you need proper proofs to prove each date. Like the return memo given by bank, notice, track record of post office, delivery copy of notice and complaint.
Date that you have told to advocate should match with your facts. When did you receive the notice can also help decide when your 15 days expiry begins.
What Are the Provisions Which Can Lead to Quashment?
Majority will fall under Section 138 of the NI Act pertaining to cheques being dishonoured. The notice of demand falls under this provision.
Section 139 creates a presumption for a holder and sections 142 and 147 also fall under this category. 142 deals with Cognizance of and complaint about certain offences and section 147 says that all the offences under NI Act will be compoundable. Which could come to your advantage if the matter gets settled by both parties.
As discussed above under the new code we can refer to section 528 of BNSS which gives the power to the High Court to exercise its inherent power. Any order which might be deemed fit by the High Court to restrain abuse of the process of the Court or to secure the end of justice.
So as discussed earlier you must raise the plea of limitation along with evidence. You cannot contest limitation as per se.
Recently Courts have considered this issue under the Delhi High court. Where there is an element of fact involved like whether the cheque was legally due or not, the court should not look into that aspect.
But if something is clearly missing from the complaint or facts are evident then it can be looked into.
Who Need to Look Into the Issue of Limitation?
You might have to check for limitation if you got:
- Notice under 138 Complaint.
- Cheque Dishonour Case Against your firm.
- Took a loan and you think notice was served after a certain period of time.
- Defendant believes that the complaint was lodged after a period prescribed under 142b.
- Various Cheques bounced from one transaction.
- Have some papers that say a different date from complainant.
- File petition under Section 528 BNSS in Delhi High Court.
Its advisable to check on your case rather than concluding the whole case will get rejected. Talk to advocate bk singh he will help you understand where you went wrong in this matter it could be limitation notice limitation or any other thing.
How Is a Limitation-Based Quashing Issue Examined?
Firstly you have to find out facts.
Date of cheque. When it was presented and returned by the banker. Date when complainant came to know about dishonour. Date of notice.
Date on which notice has been served upon the accused. Please look into this matter regarding evidence if any on receipt or valid service of notice.
The complaint would come into existence after the money has not been paid on due date w\.e.f the date of notice. So after that we will start our calculation for one month under section 142(b). Remember how to calculate and exclude/exentdion if any.
Check on which day the case has been instituted. Refer the date of institution in records. Also if any application is made for condonation of delay.
If delayed see whether he sought condonation of delay with sufficient cause. As u/s 142(b) the court can take cognizance if sufficient cause is made out.
Ask advocate bk singh that its a good point to be taken up before High Court or should you argue before Magistrate.
What Documents Should You Keep Ready?
The defence on limitation is based on following chronology of documents.
- Keep all the below documents in one folder.
- Cheque in original or readable photocopy.
- Cheque return slip from bank/not returned by bank memo.
- Bank passbook where presented copy if available.
- Legal notice issued.
- Speed post acknowledgement and speed post tracking copy.
- Mail / Courier / E process server if used.
- Complaint under section 138.
- Affidavit filed along with summons with annexure.
- Summons.
- Application if any filed for condonation.
- Payment received if any after date of cheque or any other proof of payment.
Keep the envelope and postal acknowledgement slip. It may help in case there is dispute regarding service.
Advocate BK Singh will prepare date wise chronology of events from above documents and let you know if limitation can be contested on merits.
When Should You Consult a Lawyer?
You should get your case examined, in case-
- There seems to be a cause of action that has been lying more than 1 month before filing a complaint.
- Seems to be serving of notice after due period.
- Some error is found in Notice/ service of Notice.
- Dates found to be inconsistent in the complaint.
- There is no reason for delay can be justified.
- An Application for condoning the delay has been filed.
- Summons have been served on you.
- You may want to file Petition u/s 528 BNSS.
- More than one cheque issued for the same consideration and complaint has been filed on each of them.
- If you are Director/ Officer of a company and named as accused in the complaint.
Advocate BK Singh will look into your case at what stage it is and tell you whether we can bring this issue before the Trial court, by filing a Petition in High Court, at time of trial or by settling the case.
How Can a Cheque Bounce Lawyer Help With a Delhi Limitation Problem?
Cheque bounce lawyers Delhi will assist you in your case throughout Delhi NCR and across India. Our site has information about cheque dishonor section 138 complaint filing and defence, summon, appeal and compromise and cheque dishonor cases.
In case your case is being heard in Delhi High Court you can start here with our service for cheque bounce case in Delhi High Court.
Our section 138 filing & defence service could also apply if limitation is one factor to consider while analysing the defence in your matter.
Services provided by Advocate BK Singh is a legal service and can not assure any particular result. Limitation defence is dependent on various factors such as facts of complaint, legal notice and its service and date of filing etc.
FAQs
Q1. Whether limitation can be a ground to quash Section 138 complaint?
Ans. Yes, if the requirements under law of limitation are not complied with then High Court can quash such complaint. But dont assume it will be quashed straightaway as High Court will examine the record to establish if there was any delay which could be condoned u/s 142(b).
Q2. Limitation in Section 138 complaint?
Ans. 1 month from the date when the cause of action arose. You get the normal condonation u/s 142(b) if sufficient cause is established.
Q3. Will limitation start running from date of return of cheque?
Ans. Typically no. Because of mandatory requirement to issue notice and allow drawer 15 days to pay the amount the cause of action may arise post that date.
Q4. If notice was sent late then can delay be condoned?
Ans. No. Delay of notice as required u/s 138(b) i.e. 30 days is a different provision altogether from what is provided in section 142(b) ie 1 month. So both cant be considered in alternate of one another.
Q5. Delhi High Court to quash complaint u/s 138?
Ans. As per Section 528 of BNSS high court can use its inherent powers to prevent any abuse of process of Court or otherwise to do any act to meet justice. These powers wont come into play just because you say that you have taken disputed defence.
Q6. Can complaint be refused on grounds of delay in moving complaint?
Ans. Not really. Under 142(b) the Magistrate has been given discretion to take cognizance after due period if he is satisfied that complainant has sufficient cause for failing to lodge complaint within due date.
Q7. What documents should I keep ready if limitation is objected to?
Ans. Return of cheque issued by bank, notice copy, postal tracking details, how the notice was delivered to defaulter, complaint copy with date of filing. You can always annex an application where you seek condonation for your delay.
Q8. If cheque is security cheque then can complaint be quashed?
Ans. Again not on a plain reading of law. Just because cheque was a security does not ipso facto mean that it was not for discharge of legally enforceable debt or obligation. Court will look at facts of case.
Q9. If wrong date is written can I get my Section 138 complaint quashed?
Ans. Date playing a significant role may lead to some legal implications but one must try to decipher all material facts from whole record. Generally bank record, date of notice and date when complaint is moved will tell you if there are any discrepancies.
Q10. Should I take help of lawyer before first hearing?
Ans. Yes it will help you understand your limitations. Notice, limitation, jurisdiction etc are few of the aspects you should look into. You can always approach Advocate BK Singh who will assist you in reviewing your documents.
Conclusion
This does not mean that one should analyse limitation on the date of Cheque in a complaint filed under Section 138. Its all about date. Date of Dishonour | Date of Notice | Date of Service of notice | Date on which period to make payment expires | Date on which Complaint is filed.. Each date needs to follow certain parameters.
If the Accused is from Delhi he can take up the matter before the High Court for Quashing if limitation is a bona fide mistake subject to the relief he seeks. But just because it has been delayed does not mean it would be quashed. There is always scope of Condonation of delay u/s 142(b), Holidays, Whether the service of notice is proved etc. All factors taken together with history of the matter would also decide it.
You can always contact Advocate BK Singh who can peruse through your record and advise you whether its actually limitation or anything else like notice, jurisdiction or any defence available to you. Do try to understand your facts from documentation and not what you presume each date means.
In case you have received a Section 138 Notice or believe that a complaint of Cheque Bounce has been filed beyond the stipulated time we can help you in quickly analysing the situation.
