Supreme Court Rules Mandatory 30-Day Time Limit for Filing Cheque Dishonour Complaint

The Supreme Court has clarified that the 30-day period under the Negotiable Instruments Act, 1881, for raising a dispute regarding a dishonoured cheque is mandatory.

Any filing beyond this timeline must be accompanied by a formal application explaining the delay, which will be carefully scrutinized by the court.

In the present case, no such application or judicial recording justifying the delay was filed.

Consequently, the Supreme Court set aside the Delhi High Court’s order issuing summons, emphasizing that complaints filed outside the statutory period without explanation cannot be entertained.

[H.S Oberoi Buildtech Pvt. Ltd. and Ors. v M/S MSN Woodtech]