Cheque got bounced and the party gave me an IP notice, what to do

665 votes

however you have right to file a case under S.138 of negotiable instrument Act. as per this section there required two grounds 1) whether it is legally enforceable debt or not? 2) insufficient funds. so, to the criminal liability first you can file a case with in limitation, don't make neglect. have a good day..

Advocate Shiva Komara LawRato

512 votes

if you filed the ni act case the punishment under the ni act is not effected by insolvency notice but regarding the recovery of debt you have to go along with other creditors for recovery under the provisions of insolvency law

Advocate Innamuri Balasubramanyam LawRato

867 votes

Dear,

The IP notice sent by your customer has no relevance as far as criminal proceedings are concerned. Cheque bounce is a criminal offence under Section 138 of N.I.Act. Therefore, he cannot be absolved from his liability just because he filed IP and you can take action against him by filing a cheque bounce in the jurisdictional magistrate court under whose limits the cheque was bounced. Collect the cheque return memo from the bank and issue a legal notice through a lawyer to your customer and give him 15 days to return back your money. If your customer fails to return back your money, file a cheque bounce case on him within 30 days after the period of 15 days mandatory notice period.

Advocate B. Srikiran LawRato

780 votes

IP is different.
If cheque given you can straight away file it court after give a notice and all cheque bounce formalities are completed NI act is criminal action whereas IP is civil in nature both are different

Advocate P V Reddy LawRato

549 votes

You file a complaint under section 138 of Negotiable Instrument Act before the Local Magistrate where the cheque got bounced and I.P. issue is not related to punishment under Criminal Act and the I.P. case is of Civil nature.

LawRato LawRato