Procedure to recover money in cheque bounce case

972 votes

Dear Sir/Mam,

In order to file a case under section 138 of the Negotiable Instruments Act, you need to first send a legal notice within 30 days from the cheque return date, giving 15 days time to make the payment. If the money is not paid within these 15 days, you have further 30 days to file a criminal complaint in Court under S. 138, after which the case will be instituted and proceeded further.

Advocate Gaurav Lakhwani LawRato

533 votes

Dear in 138 matter u have to fisrt send notice within 30 dyas of chq bounce and than after wait for 15 days aince receve by person and after that u have to file case of 138 so for filling case near abt 25 days

Advocate Prashant Chavda LawRato

906 votes

Proceed by sending a notice.
Wait for a reply.
Then proceed for section 138 complaint before magistrate court.
Make sure you have the return memo given to you on dishonour of cheque which is the basic evidence of a 138 case.

Advocate Krutarth Trivedi LawRato

695 votes

In cheque bounce case you are required to issue notice within 15 days of the cheque bounce and thereafter after receiving the acknowledgment receipt with 30days we are required to file the complaint. After filling of the complaint it shall take 6 months (legally) for recovering the money back.

Advocate Dhruti Shah LawRato