Cheque bounced and party is not willing to pay on time, what to do?

704 votes

You can institute the proceedings under section 138 negotiable instrument act. There are some statutory compliance / formalities which have to be done before filing it in the court.

Advocate Gaurav Rohila LawRato

810 votes

One Legal Notice should be served within 30 days from the memo dated provided by your bank to that person who issued the cheque. Thereafter if he will not clear the dues of cheque amount within 15 days from the date of receipt of the said legal notice, then complaint case may be moved before the competent court of law.

LawRato LawRato

836 votes

It depends entirely on your will , if the opposite party is using delaying tactics to harass you and is not willing to pay u then you can send him a legal notice mentioning the issue and ask for the early payment for the same . And if he does not make the payment timely then you can file a case under section 138 of the ni act as per your convenience

Advocate Suneel Kumar LawRato

630 votes

First you will have to check whether till 26th of February your cheque would still be valid or not and if it is you could afford to wait till that time. If it is not then you could give him lesser time and then take action under the law.

Advocate Shobhit Bhatia LawRato

676 votes

In cheque bounce cases you have firslty send a legal notice to the opposite party with in period of 30 days from the date of its return Memo through advocate and after send the legal notice you have to file a complaint case agianst the said person if payment has not been made by after 15 days or further query you may contact me on my phone or meeting in chamber.

Advocate Harmesh Kumar LawRato