Check bounce case ,amount given to friend
20-Feb-2025 (In Cheque Bounce Law)
My husband given credit card to his friend 2 years back.. There is no written proof..after asking many times he given check .but it is bounced.. There is no amount in that bank. We have only what's up chat proof and voice recorder proof with us.. Can I file check bounce case on him. Now there is a time. Before 30 days we can file case right. Plz give suggestion
Yes, you can file a cheque bounce case under Section 138 of the Negotiable Instruments Act, 1881 since the cheque was dishonored due to insufficient funds. Here’s what you need to do:
Steps to File a Cheque Bounce Case
Issue a Legal Notice (Mandatory Step)
Within 30 days from the date of cheque bounce, send a legal notice to the issuer (your husband's friend).
The notice should demand the payment within 15 days.
If he fails to pay within this time, you can proceed with a case.
File a Complaint in Court
If the person does not respond or pay within 15 days, file a criminal complaint under Section 138 NI Act in the local Magistrate Court.
You will need:
Cheque return memo from the bank
WhatsApp chats & voice recordings as supporting evidence
Legal notice copy & acknowledgment
Other Legal Options
If you can prove that your husband’s friend took the credit card and misused it, you can also file a criminal case under IPC Section 420 (cheating).
If a large amount is involved, you may also file a civil suit for recovery of money.
Would you like assistance in drafting the legal notice for cheque bounce? contact me
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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