How to file a cheque bounce case


I want to file an Cheque bounce case should in file under sec 190 crpc or 156(3) crpc?

Answers (4)


348 votes

Dear Sir,

Cheque bounce case file u/s 138 of Negotiable instrument Act.
If summons not served / served or Bailable/ Non bailable warrant issued but the accessed not present in court or not found in address. Then u can file under sec 156(3) of crpc.


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90 votes

In order to file a cheque bounce case, when the cheque is returned unpaid, first you need to issue a statutory notice to the issuer of cheque within 30 days from the date of cheque being returned unpaid demanding the payment of cheque amount within 15 days and there after the issuer has an opportunity to pay the amount within fifteen days, if he fails to remit the amount, then you can file a cheque bounce case within 30 from the expiry of 15 days notice period under Section 200 Cr. PC. Sections 190 crpc and 156(3) crpc are not applicable here.

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131 votes

You will have to file it under Sec 138 of The negotiable instrument Act , That depends when the cheque was issued , The courts jurisdiction will be where you have an account or the bank where you maintain your account

177 votes

Dear client first u have to send legal notice through lawyer within 30 days from cheque bounce date. If other party not pay amount after service of notice then u have to file case under sec 138 of n i act. For any legal help call me

Adv Prasad Patil

Pune

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