Legal procedure to file a case of cheque bounce


Dear Sir I have been given cheque by my friend of 9 lac rupees which has bounced on 15Jan 2018. Earlier I had given a amount 7 lac to a person who was introduced to me by my friend. Now my friend has my 7 lac rupees which he is not returning beneficiary giving amount back. Can I file 138 on my friend .

Answers (2)


341 votes

Dear sir,
There is lack of some points missed out in your query.
It was friendly loan what about interest?
How both of you approach?
Any security given?
Any witness present?
Loan for what any occasion; business, social function etc.
The option is
You can issue notice of recovery of your amount 15days period
Wait for his reply for 15days and after that you can file complaint u/s 138 of NI Act.
Notice can be drafted by you or adv. Please check NI ACT.


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239 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.

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