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April 29, 2017
Question: I received a cheque from somebody and I submitted it to my bank within six months of receiving it. However, it has been returned due to insufficient funds. I know that I could file a criminal or commercial case but is there a time limit when it comes to filing such cases?
Answer: You have the right to file a criminal case within five years from the date of receiving the cheque. This is in accordance with article no 20 of the Criminal Procedures Law of 1992 and its amendments. But, unfortunately, you do not have the same amount of time to file a commercial case as that would have to be filed within two years against the person who signed and delivered you the cheque, in accordance with article no 638/1 of the Commercial Transactions Law of 1993 and its amendments. There are also some factors that could reduce the period of time a case can be filed within, depending on the case, so it is wise to evaluate your options with your lawyer.