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Cheque return with reason bank closed


In Cheque Bounce Law
Cheque was returned with reason bank is closed (not account. complete bank is closed) . Can we still file complaint case under section 138 ni act?

Answers (5)


161 votes

Hi, if the cheque has been returned unpaid then send a legal notice under 138 demanding payment of the cheque amount. If the person is evasive or refuses to pay you may approach the magistrate’s court with a complaint under NI Act.

Please feel free to contact me for further assistance


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268 votes

In bank account is closed… then you can not filed any case under section 138 but you can go for suit for recovery or order 37 according to the facts and documents available …thank you so much and please be in touch thank you

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165 votes

Hi
In case the cheque has been issued on an account which is no longer maintained. You can proceed but first you will need to send a demand notice and give a window of 15 days to the drawer. In case he fails to make the payment then you may proceed.

Regards
Adv. Abhinav Sharma

264 votes

It’s not a valid excuse for filing a complaint case against the accused person under section 138. If the reason for the return is different then it will be a clear case for the cheque bounce. For more legal assistance I am just a call away.

56 votes

You must serve a notice to the drawer of cheque and if he does not make payment within 15 days period, you may approach court under Section 138 of Negotiable Instruments Act. Please remember notice must be servec within 30 days from the date of return memo


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