How to file a cheque bounce case where address of defaulter unknown

734 votes

He must have given you a cheque of a nationalised/ private bank drawn at some branch. Go to that branch and ask for the address of the account holder and if the cheque is of some other state by using the IFSC Code you can get the contact no. Of the branch by use of Internet. For any other query or to file the case contact us through lawrato...

Advocate Rahul Uday Singh LawRato

799 votes

First you should be send a demand letter u/s-138(B) within 30 days from the chèque bounces and the demand latter specified 15 days from sending the letter after receving the demand letter if the opposite party did not return the same amount you can file a complaint before the court u/s 138 of NI act and if you don’t know the address of the defaulter you should collect the address from the bank by the chèque was issued

Advocate Prasenjit Halder LawRato

935 votes

You can file this case in the jurisdiction of the bank of your account but in order to file a case against him you need to know the accused address where summons need to be send. And also you need to send a advocate notice before filling a case

Advocate Subhankar Sanyal LawRato

539 votes

After the check is bounce then you are required to sent a legal notice within 30 days of the intimation from the bank that he cheque is bounced requesting to clear the amount. Then if the drawer fails to comply with the said notice then you can file a suit according to section 138 of the N.I. Act. If you do not know the address then how the summons will be served upon him?
If you know his office address then you send the summons there, else there is no other way.
Thanks.

Advocate Suvajit Ghosh Dastidar LawRato

999 votes

Without Proper Address, how you can issue Notice within stipulated period and without issuing Notice you do not proceed against him. Now you think how to collect his proper postal address, otherwise, Law will not help to you.

Advocate Sanjoy Acharjee LawRato