In India, the complaint for an offense under Section 138 of the Negotiable Instruments Act, 1881 (related to cheque bounce) must be filed within one month of the date on which the cause of action arises. The cause of action arises on the date when the cheque is dishonored by the bank, and not when the notice is served. So, if the cheque was dishonored 12 months back, the complaint must be filed within one month of that date. However, the limitation period is extended up to 3 months if the notice under section 138 has been served on the accused and the complaint is filed within the period of 3 months of the date of receipt of the notice by the accused.
It is important to note that if the complaint is filed after the prescribed time limit, the court may dismiss the case on the grounds of limitation. So, it would be advisable to file the case as soon as possible after the cheque has been bounced, especially before the limitation period expires.
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