What is the procedure to file cheque bounce case

725 votes

Hi
Firstly, you have send statutory notice to the drawer of the cheque.
If he fails to pay the cheque amount in the statutory period then you can proceed for complaint before the magistrate court.
Contact for further detailed advice.

Advocate Rohit Shaligram LawRato

839 votes

Dear Sir/ Madam,
Firstly, you will have to send the issuer of cheque demand notice for the cheque amount within 30 days of cheque bounced.
Secondly, if the issuer of cheque fails to pay the cheque amount within 15 days of the above demand notice, then a complaint must be made to the Magistrate/ Metropolitan magistrate within 30 days of above non payment.
Issue regarding where the complaint will be filed- The complaint has to be filed to the Magistrate/ Metropolitan Magistrate within the jurisdiction where your bank falls.
Kindly note that time is the essence to file a case for Cheque Bouncing under Section 138 of the Negotiable Instrument Act, 1881. Hence do not delay the process.
Before filing a case, demand notice and waiting period of 15 days is must.
I hope the same resolves your query.

Advocate Hari Wadhwana LawRato

827 votes

You have to send legal notice and demand the cheque amount immediately.

Upon receipt of legal notice, if within 15 days the money is not paid to you then you can file criminal complaint in criminal court.

Advocate Namitabh Kothari LawRato

704 votes

Dear client once cheque get bounced u have ti send notice through lawyer to cheque issuer within 30 days from cheque bounce date. If cheque issuer not pay amiunt after issuing notice then have to file case in court under sec 138 of n i act. For any legal help call me

Adv prasad patil

Pune

LawRato LawRato

838 votes

Your father is the Giver and he should be the complainant to launch proceedings Under NI Act. The place of filing can be at the jurisdiction where your cheque is dis hounoured. The proceedings can be launched after the issuance of Statutory legal notice/notice.

Advocate TSD Srinivas LawRato

550 votes

you cheque were present that bank jurisdiction is your jurisdiction you file case that area go to which jurisdiction so you file the case that court you send me your bank address and your address and who is give cheque that person bank address

Advocate Feeroz Sheik LawRato