The High Court of Allahabad has ruled that a Court can take cognizance of a complaint for dishonour of cheque when it is filed within one month of the cause of action. This decision was made in a case where a cheque drawn by the petitioner was returned unpaid by the bank due to insufficient funds in the account.
Key Points of the Ruling
In its judgment, the HC examined the 3 conditions in the proviso to Section 138 of the Negotiable Instruments Act, 1881, which must be met in order for the dishonour of a cheque to constitute an offence. These conditions are:
- The cheque must be presented to the bank within six months from its issuance or within its validity period.
- The payee or holder must issue a written notice to the drawer within thirty days of being informed of the cheque's return.
- The drawer must fail to make payment within fifteen days of receiving the notice.
In the present case, the court found that all three conditions had been met. The cheque had been presented to the bank within the prescribed time period, the payee had issued a written notice to the drawer within thirty days of being informed of the cheque's return, and the drawer had failed to make payment within fifteen days of receiving the notice.
Implications of the Ruling
This ruling has important implications for individuals and businesses who issue cheques. It emphasizes the importance of ensuring that there are sufficient funds in the account to cover the cheque amount and of promptly responding to any notices received regarding dishonoured cheques. Failure to do so could result in legal consequences, including the filing of a complaint under Section 138 of the Negotiable Instruments Act.
The Allahabad High Court's ruling provides clarity on the timeframe for filing a complaint for dishonour of cheque. By adhering to the prescribed time limits and meeting the specified conditions, individuals and businesses can avoid potential legal complications and protect their financial interests.
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