Clarification regarding filing of Cheque Bounce case

994 votes

A legal notice along with the return memo no as a reference is to send to the defaulter within 30 days from the date of bouncing. If no reply is received after of 15 days of the delivery of the demand notice, the payee can file the legal complaint within a month.

Advocate Sunderjit Nanua LawRato

534 votes

You should submit the cheque within the validity period of 3 months of the date on it. The cause of action for filing complaint will lie from the date the cheque gets dishonored by the bank. Thereafter you send a legal notice to the drawer within 30 days from the date of receiving "Cheque Return Memo" from the bank. The notice should mention that the cheque amount has to be paid within 15 days from the date of receipt of the notice by the drawer. If the drawer fails to make a payment within 15 days of receiving the notice, then you proceed to file a complaint in the court of the jurisdictional Magistrate within one month from the date of expiry of 15 days prescribed in the notice.

Care should be taken to draft the legal notice, least it becomes a defective notice and the whole criminal proceedings gets dismissed.

Advocate Robert D Rozario LawRato