LawRato

Police not filing complaint in case of cheque bounce


03-Sep-2023 (In Cheque Bounce Law)
I Have gave the money to third party for the Business Purpose but the concern is they are not returning the amount even they are not responding to the calls. So i deposited the cheque for the amount which i should get but it was bounced due to insufficient funds then i approached the local Police Station but they are not taking complaint.
Answers (5)

Answer #1
751 votes
Dear User,

Police will not take action against cheque bounce cases need to file case against him in respective court you did not mentioned the amount which you have given to him nor the year of transaction.
Answer #2
530 votes
Dear Sir,

After cheque bounce, immediately you need to send legal notice to party with 15 days due for replying to you notice and on or before 45 days from cheque bounce you need to file a private complaint before Hon'ble Magistrate of your jurisdiction.
Answer #3
920 votes
yes, police shall not lodge FIR in this case. because it is a non cognizable offence. so you can file a complaint before the appropriate court as per the procedure prescribed u/s.138 and 142 of Negotiable Instrument Act.
Answer #4
597 votes
Dear Sir/ Madam
In this your query, you have done very well as per law by deposit the cheque and same dishonoured. But after that you have to approach the legal counsel instead of police station. Legal counsel take steps for filing the cheque bounce case. So immediately you have to approach legal counsel as early as possible.
Answer #5
919 votes
Hi
Cheque bounce should be filed in criminal court under section 138 of negotiable instruments act. Cheque bounce is an offence under 138 Negotiable instruments act and police does not have jurisdiction to proceed with your complaint.
Police will take cognizance of your case only under section 420 and 406 and not otherwise.
Hopefully the law position is clear to you now.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."