Suit against cheque bounce

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kuna sahu (Querist)

19 January 2013 FRIENDS,

CAN WE SUIT A FILE AGAINST A EXPIRED CHEQUE ?
THAT HAS NOT BEEN DEPOSITED INTO BANK.

PLZ ASSIST ME.

CA bhargava

CA bhargava (Expert)

19 January 2013 In the above case how can you prove that the cheque is bounced even withou you not deposited in to bank account

Message likes : 1 times

kuna sahu

kuna sahu (Querist)

19 January 2013
should we bounce the cheque by depositing into bank ?

Aashok Kumar Sharma online

Aashok Kumar Sharma

(Expert)

26 July 2025 Hey! About your query on cheque bounce suit when the cheque is expired and **not deposited** into the bank:

### Key points:

* To initiate a cheque bounce case under **Section 138 of the Negotiable Instruments Act, 1881**, the cheque **must be presented for payment within its validity period** (usually 3 months from date on cheque).
* If the cheque **has expired** (not deposited within 3 months), legally, you **cannot** claim it as dishonored or bounced.
* Since the cheque was **never deposited**, the bank has no record of dishonor due to insufficient funds or stop payment.
* Therefore, you **cannot file a suit or complaint for cheque bounce** without presenting the cheque first.

### So, answer to your question:

* **No, you cannot file a cheque bounce suit against an expired cheque that was never deposited.**
* To prove dishonor (bounce), the cheque must be deposited within its validity, and the bank must return it unpaid.

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### What should be done?

* Deposit the cheque **before expiry** to initiate dishonor procedure if payment is refused.
* If expired, consider alternate legal remedies like a **civil suit for recovery** based on the agreement or promissory note.

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If you want, I can help you draft a legal notice or suggest alternate recovery options. Let me know!

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