Section 142 NI Act
Can I still file a case for a bounced cheque after the one‑month deadline?
Short answer
You must file a written complaint within one month, but the court may accept a later filing if you show a good reason.
In detail
The law says that a court can start a case for a bounced cheque (the offence in section 138) only when the person who was supposed to receive the money – the payee or the holder in due course – files a written complaint. The complaint must be lodged within one month from the day the right to complain arises. If you miss that one‑month deadline, the court can still accept your complaint, but you must convince the judge that you had a valid reason for the delay. The complaint must be in writing; without it, the court cannot even open the case. Only higher‑level magistrates (a Metropolitan Magistrate or a Judicial Magistrate of the first class) are allowed to hear such cases. The court that will hear the matter is chosen based on where the bank accounts involved are kept: if the cheque was sent for collection, the relevant branch is where the payee’s account is; if the cheque was presented for payment, it is the branch where the drawer’s account is located. This ensures the case is tried in the appropriate local court.
Related questions
What happens if my cheque bounces because I don’t have enough money?
If your cheque bounces for insufficient funds, you can be prosecuted and may face up to two years in jail, a fine up to twice the cheque amount, or both, provided certain steps are followed.
When I get a cheque, does the law assume it’s to pay my debt?
Yes, the law presumes the cheque is for settling a debt unless someone proves otherwise.
What default assumptions does the law make about a cheque or other negotiable instrument?
The law assumes the instrument was made for value, dated correctly, accepted promptly, transferred before it matures, endorsed in order, properly stamped if lost, and that the holder is a holder in due course, unless proven otherwise.
If my company bounces a cheque, can its managers be held criminally liable?
Yes, managers who were in charge of the business at the time can be treated as guilty unless they prove they didn’t know and exercised due diligence.
Not legal advice. This is general legal information, not legal advice. Laws change and every case turns on its own facts — speak to a lawyer about your situation.