How to proceed against cheque bounce cases

706 votes

Criminal complaint has to be filed before the Additional Chief Metropolitan Magistrate. Statutory legal notice under section 138 has to issued with in 30 days from the date of receipt of information regarding dishonour of cheque. Depends if the party is traceable than it can be resolved early

Advocate Anubhav Kathuria LawRato

959 votes

A cheque validation ends at the 90th day from the date of it's issuence​. Within 90 days it can be presented any number of times.
Once a cheque is return unpaid,you can send notice under 138NI Act within 30 days from the date of it's acknowledged return. A 15 days notice period is served in the notice.After expire of the 15 days notice period the case should be filed within 30 days.

Litigation process time depends on how strong the plea is submitted to file case under 138 NI Act.

Advocate Vijay Sahni LawRato

828 votes

Cheque bounce is a criminal case. In cheque bounce case you have to serve notice to the other party with in 30 days from the date of cheque bounce. You have to give 15 days time to the other party to reply . In case the party shows no cause then you are free to file a case in the court of Law. The notice have to be served legally within time to proceed with the case. There is no time bound for the resolution of case however it will minimum take 6-8 months.

Advocate Meenakshi Aggarwal LawRato

568 votes

Hi first of all a legal notice Will be filed wiht the date where the cheque is been bounced where u can tell the court what is time period and all where the legal notice after that day till 15 days u will wait if there is no response then a 138 matter will be filled in the court against the accused

Advocate Yash Karan Jain LawRato

544 votes

1. Cheque bounce case is a criminal case.
2. Legal notice has to be released within 30 days of the dishonour of cheque. If 30 days have elapsed, dishonour the cheque again.
3. Speedy disposal depends on the location. In Delhi due to heavy pendency, the cheque bounce cases take about 2 years while in place like Gurgaon, they finish in about 1 year. But its the best form of recovery since if the defaulter fails to make the payment during the course of the proceedings, he ultimately ends up in jail.

Advocate Anuj Dewan LawRato