Suit against cheque bounce

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kuna sahu (Querist)
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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)
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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

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kuna sahu

kuna sahu (Querist)
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19 January 2013
should we bounce the cheque by depositing into bank ?

Asha Kanta Sharma online

Asha Kanta Sharma online

(Expert)
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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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