Kathmandu. Now the limit of five years will be imposed in the case of cheque bounce. The Supreme Court has made public the full text of the verdict on the writ petition filed regarding the limitation of the cheque bounce case.
The Supreme Court has decided to impose a five-year limit in cases related to old cheque bounce. As per the provision, the five-year limit will be applicable for cheques bounced before June 24, 2083.
The government through the ‘Banking Offences and Punishment (Second Amendment) Act, 2082’ removed the offence related to dishonour of cheques from the Exchange Instruments Act and included it under the Banking Offences and Punishment Act. Earlier, under the Exchange Authors Act, 2034 BS, a case could be filed within five years from the date of dishonour of the cheque.
However, the amended Banking Offences Act had set a one-year limit for complaints and cases related to cheque dishonour.
A lawsuit can be filed within one year of the bounce of the cheque. A writ petition was filed at the Supreme Court claiming that the cheque that has exceeded one year but not completed 5 years may be deprived of judicial remedy.
The Supreme Court, while hearing the writ petition , has said that the limit of 5 years will be imposed in cases related to old cheque bounce. See this:
