Yes, a cheque bounce case may still be filed after 30 days in certain circumstances, but the timelines prescribed under the law must be carefully followed.
Key points:
- Legal notice: After the cheque is dishonoured, the payee must send a legal notice to the drawer within the prescribed time under the Negotiable Instruments Act, 1881.
- Waiting period: The drawer is given 15 days from the date of receiving the legal notice to make the payment.
- Cause of action: If the payment is not made within those 15 days, the cause of action to file a complaint arises.
- Time for filing the complaint: The complaint should generally be filed within one month from the date the cause of action arises.
- Delay beyond the limitation period: If the complaint is filed after the prescribed period, the court may still entertain it if the complainant provides a satisfactory explanation for the delay and the court is satisfied that there was sufficient cause.
