Clarification of procedure to file cheque bounce case


Sir , I send demand notice on 17 th January personally,but the respondant reply me on 17 February with lawyer help. He denied the Averments ,what should I do now can I file a case ,or give reply to him .,

Answers (3)


139 votes

Hi ,
Within one month from the receipt of reply from the respondent , you to file PCR (private complaint ) for cheque bounce under sec 138 of NI Act .................... ...........


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66 votes

Yes you can file case against him. You need not give reply to reply notice. The cheque bounce case must file within a month after receipt demand notice, otherwise delay occurred. You can contact me for further information.

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Sir,
To help you with this. need clarification on the Following
1. When was the cheque presented to the bank
2. Date of dishonour
3. Date of demand notice
4. Reply to your notice

However, the procedure to file a case under Sec.138 of Negotiable Instruments Act,1881 is as follows
the cheque has to be presented within 3 months from the date of the issue of cheque. If teh cheque gets dishonour the legal notice has to be sent within 15 days from the date of dishonour and the payment or reply to the notice has to be sent within 30 days from the receipt of the notice. On failure to do so, you may initiate proceedings under Sec 138 of the Negotiable Instruments Act after the completion of 30 days period.

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