Legal procedure to file a case for cheque bounce

Cheque has bounced and cheque has been returned to me and now what should I do to file a case

Answers (5)

241 votes

First u have send Legal Notice to Accused within 30 days from the date of bounce of cheque for payment of the cheque amount if he made the payment ok or u have wait for 15 days and after 15 days u can file complaint.

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210 votes

Procedure is to send a legal notice within 30 days of bouncing. Wait for 15 days for reply or money. If money not received in 15 days, file complaint with local criminal court in the next 30 days. Court fees has to be paid. You can also file summary suit for recovery.

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263 votes

First you contact a good lawyer ask him to file a cheque bounce case in metropolitan court according to section 138 of negotiable instrument within the 30 days of cheque bounce so you don't worry you will get sudden response from the court because nowadays it big issue so your case will be finalized or settled soon

86 votes

Firstly, you will have to send the issuer of cheque demand notice for the cheque amount within 30 days of cheque bounced.
Secondly, if the issuer of cheque fails to pay the cheque amount within 15 days of the above demand notice, then a complaint must be made to the Magistrate/ Metropolitan magistrate within 30 days of above non payment.
Issue regarding where the complaint will be filed- The complaint has to be filed to the Magistrate/ Metropolitan Magistrate within the jurisdiction where your bank falls. 
Kindly note that time is the essence to file a case for Cheque Bouncing under Section 138 of the Negotiable Instrument Act, 1881. Hence do not delay the process.
Before filing a case, demand notice and waiting period of 15 days is must.

255 votes

For filing a cheque Bounce case it is a mandatory to send a legal demand notice to the opposite party and ask for repayment of cheque amount within a statutory period of 15 days and if he failed to do so then we can file a case as per Negotiable Instrument Act

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