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How to file for a cheque bouncing case
25-Feb-2023 (In Cheque Bounce Law)
A client had given me a PDC cheque for a certain amount before the commencement of our buz relationship 2 yrs back . Based on that PDC due credit was extended over the years. He is now refusing to make the payment . Can such a case be filed under NIA after his cheque gets bounced ? Can an FIR be separately lodged under suitable section which is non bailable ? Can he be booked for criminal breach of trust , dishonesty , cheating ?
Well If cheque has no date then you may put current date and can get the cheques bounced, no need to tell that said cheques were given two years back. NI FIR is required just file cheque bounce complaint before the appropriate court, you will certainly get relief.
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Adv. Vivek Rathi
Ghaziabad | 25+ Answers
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Dear
First of all you have to present the cheque for clearance of amount before the bank concerned.
When the bank forward a report of dishonour of cheque as a result of insufficient amount. Within 30 days of dishonour of cheque you have to send a notice under section 138 NI ACT.
After recieving of notice a mandatory time of 15 days is to be given to the respondent. Thereafter you may file a case.
As far as f.i.r. is concerned it can be Lodged simultaneously.
At the concerned police station
First of all you have to present the cheque for clearance of amount before the bank concerned.
When the bank forward a report of dishonour of cheque as a result of insufficient amount. Within 30 days of dishonour of cheque you have to send a notice under section 138 NI ACT.
After recieving of notice a mandatory time of 15 days is to be given to the respondent. Thereafter you may file a case.
As far as f.i.r. is concerned it can be Lodged simultaneously.
At the concerned police station
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Adv. Saqib Siddiqui
Lucknow | 25+ Answers
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it has to be seen when the cheque is bounce if the date is two years prior you cant file it in NI act if you have cheque in which date is not mentioned then you have an option to avail this remedy under this act.
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Adv. Rahul Rathi
Allahabad | 500+ Answers
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