---
title: "How much time does the accused get to make payment against the return of cheque after receipt of legal notice?"  
description: "How much time does the accused get to make payment against the return of cheque after receipt of legal notice?"  
author: "Lily Chitlangiya"  
published: 2021-11-29  
canonical: https://answers.mindstick.com/qa/94211/how-much-time-does-the-accused-get-to-make-payment-against-the-return-of-cheque-after-receipt-of-legal-notice  
category: "law & legal issues"  
tags: ["laws", "laws and legal issues"]  
reading_time: 2 minutes  

---

# How much time does the accused get to make payment against the return of cheque after receipt of legal notice?

How much time does the accused get to make [payment](https://www.mindstick.com/blog/300135/ways-fast-payments-changed-the-world) [against](https://www.mindstick.com/news/2526/resolution-against-anti-satellite-tests-adopted-by-un-to-reduce-space-debris) the return of cheque after receipt of [legal](https://www.mindstick.com/articles/43952/legal-issues-for-stress-at-work) [notice](https://yourviews.mindstick.com/story/4562/happy-independence-day-2024-things-to-notice)?

## Answers

### Answer by Sanjay Goenka

**[15 Day](https://www.google.com/search?q=How+much+time+does+the+accused+get+to+make+payment+against+the+return+of+cheque+after+receipt+of+legal+notice%3F&rlz=1C1GCEU_enIN821IN821&oq=How+much+time+does+the+accused+get+to+make+payment+against+the+return+of+cheque+after+receipt+of+legal+notice%3F&aqs=chrome..69i57j69i60.1793j0j15&sourceid=chrome&ie=UTF-8)**, the accused have this period **to return the amount of [cheque](https://answers.mindstick.com/qa/31702/what-are-the-different-types-of-cheques) or other liability** \
**Nowadays**, the business is growing massively and for the **development of the business rules and regulations are very significant,** many aspects participated in the development of its growth. The **cheque also has great importance** in it. Hence when people started to use this method of payment or to **promise to return the debt of any person** it became usual to use **outdated fraud cheques**, and this resulted in the addition of the provision in the **Negotiation Instrument Act 1881.** \
**Section 138 of the Negotiation Instrument Act 1881** \
To **settle the disputes** related to the banking and cheques in the business. The jurist of the country **realize the importance of the rules for the solution of the disputes where the sections state as follows-** This section of the act speaks about the **dishonoring of the cheque.** And try to provide **legal punishment** for the accused. In this statute, it states that when any drawer gives the cheque as a medium to pay his debt or as a payment option and the payee deposit it in the bank to withdraw it, then if it gets dishonored by the bank due to any either reason, the **insufficiency of the money** in the respective account or the amount or the **cheque amount exceeds the limit of the amount of account.** The act will become **illegal** and at this point, the payee can file a suit against such person which will be **punishable with 2 years of imprisonment or the fine which will be just double the cheque amount or with both.** \
**Leading judgment** **Dalmia Cements vs. Galaxy Trading agencies** In this case, the judge through his **judgment explained the enactment of the act**. The fact of the case was revolving around the **dishonoring of the cheque** where the notice was received by the defendant to return the amount, and after **15 days** again it was issued by the court. Without having effected the court declared his judgment as per the provision of the **Negotiation Instrument Act 1881**. With the help of this judgment, the jurist laid down the **objective of the act.** \


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