Cheque Bounce Case Limitation in Delhi | Section 138

Why Does Cheque Bounce Limitation Matter in Delhi in 2026?

A limitation objection can indeed impact the case if it's properly and legally presented. . From the moment you present a cheque to the payee till when the limitation period under section 142 b starts running there are several steps involved i.e cheques presented, information of dishonor, notice and giving 15 days opportunity to the drawer to pay amount of cheque, cause of action arises only then.

When a limitation objection is raised before the Delhi High Court it always looks at the timeline. A recent case which came before the Delhi High Court in 2024 analysed this. Whether the complaint was filed within time when counting the no. of holidays or if the cause of action arose the court will take cognizance. Moreover they held that if there is a sufficient cause explained under section 142(b) the court can condone the delay.

Which brings us to an important point. If a complaint is filed after one month from cause of action yes you have made out an objection of limitation. But the court can hear your side of things why there was sufficient cause. However if you fail to issue notice within time its a different argument you can't club the two delays together.

If you feel your complaint has been filed after time or you feel there is delay in serving notice or there is confusion of dates somewhere in the documents. Then its advisable to consult Advocate BK Singh in Delhi.

What is Limitation in Section 138 Complaint?

When we talk about Limitation, what we mean here is that period of time within which complaint under section 138 should normally be filed after accrual of cause of action.

Normally this period of time will not start from when your cheque is returned or dishonoured by the bank. This is often confused by people.

Proper documentary evidence should be in place for dates. Bank Return memo, Notice, Post office tracking record, Delivery details and Filing of Complaint all come into play when there is dispute about limitation.

One question Advocate BK Singh would want to know is whether dates given by the complainant are correct as per the facts. Date on which you have received the notice can also be a determining factor in deciding when your 15 day notice will lapse and there by when does 1 month starts.

What Are the Provisions Which Can Lead to Quashment?

Mainly we have Section 138 of the NI Act which deals with the provisions around the dishonouring. Section 138 deals with the requirement of a notice of demand.

There is a presumption drawn under section 139 in case of a holder and other relevant sections are section 142 which talks about cognizance and complaint and 147 which states that all offence under the NI Act are compounding. This may come in handy when both parties settle the amount.

Under the current code we are bound to look at section 528 of the BNSS which allows high courts to use its inherent power. It states that High Court may pass any order necessary to prevent abuse of process of any court or otherwise to secure the ends of justice.

Therefore the defect regarding limitation should be shown with proper pleadings and evidence. Limitation is not a defence in itself to be used on contested issues.

Courts in the recent past have taken up this matter in the Delhi High court and have held that when there is a question of fact such as whether the amount of cheque was legally due it would not be appropriate to decide upon the question.

However when there is a missing ingredient from the complaint or if the material is very clear then the situation may differ. Facts play a crucial role.

Who Need to Look Into the Issue of Limitation?

You may need to look into limitation if you have been served with:

• Notice under section 138 complaint.
• Cheque Bounce Complaint Filed Against Your Company.
• If you have taken a loan and feel that notice was served to you on a later date.
• Accused who thinks complaint is filed beyond the time limit of section 142(b).
• Multiple Cases of Cheque from a single deal.
• If you have documents which reflect different date as given by complainant.
• Want to file a petition under section 528 BNSS in Delhi High Court.

How Is a Limitation-Based Quashing Issue Examined?

You need to establish facts.

What is the date of the cheque. When was it presented and returned by the bank. On what date did the complainant become aware of its dishonour. What is the date of the notice.

What date did the notice get served on the accused. This is very important to look at the evidence if there is any with regard to receiving or valid service of the notice.

The complaint will arise once the amount was not paid within due date from the date of notice. After which we will start calculating the one month time limit as per section 142(b). Keeping in mind how to calculate and any bar by exclusion/extension.

See when the case has been filed. Look into the date of filing in the record. Also if any application for condonation of delay is filed.

In case of delay see if he applied for condonation and show sufficient cause. As section 142(b) allows the court to take cognizance if sufficient cause is proved.

Now Advocate BK Singh can tell you if it's a good issue to move in the high court or should you plead the same before the Magistrate as directed.

What Documents Should You Keep Ready?

Limitation objection relies on documentary chronology. Files together:

• Cheque original / legible copy.
• Bank return memo/dishonor notice.
• Bank statement showing presentation if any.
• Statutory legal notice.
• Postal receipt and tracking report.
• Copy of any email / courier / electronic process server relied upon.
• Section 138 Complaint.
• Pre- summoning affidavit and attachments.
• Summoning order.
• Copy of any application filed for condonation of delay.
• Any settlement/pay order correspondence which is applicable.
• Evidence of payments made after the cheque was issued.

Don’t throw away envelop /postal details. Little things can become big when parties are contesting service. Advocate BK Singh will prepare a date wise chronology out of these records, before advising you if limitation objection is tenable in point of law.

When Should You Consult a Lawyer?

It makes legal sense to get your matter reviewed, when –

• Cause of action seems to have accrued more than a month before the filing of complaint.
• Notice seems to have been served after the statutory period.
• There are discrepancies in the Notice/service of Notice.
• The complaint has inconsistent dates.
• There is no apparent reason for delay.
• An application for condonation of delay has been submitted.
• Summons have already been served.
• You are contemplating to file a petition under Section 528 BNSS.
• There are multiple cheques involved in the same transaction and complaints have been filed against them.
• You are a director/officer of the company who is also named as an accused in the complaint.

Advocate BK Singh can review the matter at the stage it is in and advise you if the issue can be raised at the trial court level, High Court Level through a petition, at trial or through settlement discussions.

How Can Cheque Bounce Lawyer Help With a Delhi Limitation Problem?

Delhi lawyers at Cheque Bounce Lawyer offer help with cheque bounce cases throughout Delhi NCR and India. The website covers Section 138 filing and defense, summon, appeal, compromise and other cheque dishonor cases.

If your case is in Delhi High Court, our specialized Delhi High Court cheque bounce service is a good starting point for High Court level representation.

The Section 138 filing and defense service may also be applicable where the limitation issue is only part of a larger defense analysis.

Please understand that the advocacy services of Advocate BK Singh involves legal analysis and representation and does not guarantee any specific outcome. The strength of a limitation defense is based on the facts of the actual complaint, statutory notice, proof of service, record of filing and other facts.

Conclusion

This article is not intended to suggest that a Section 138 complaint can or should be evaluated based on the date of the cheque alone. Limitation is strictly a game of dates. On Dishonour Date | Notice Date | Date of Service | Date of expiry of the period to make payment | Date of filing the Complaint…all these dates should fall in a proper sequence as per law.

If the Accused is in Delhi and he can prove bona fide defect in limitation he can explore the option of High Court quashing keeping in mind the relief sought. Merely because there is delay it will not necessarily lead to quashing. Also Section 142(b), possibility of Condonation of delay, Court holidays, Evidence of Service if any etc. and the overall History of the Case proceedings would also play a role.

Advocate BK Singh can go through the entire Record to help you decide if it truly is a case of limitation, Notice, Jurisdiction, Liability or some other Defence. It is better to analyze based on documents instead of presumptions of what a particular date stands for.

If you have been served with a Section 138 Notice or you think that a cheque bounce complaint was initiated after the prescribed period then a quick legal analysis would help you know what could be your next step.