What are the proceedings for bounced cheque case

510 votes

The procedure is to firstly issue a notice under Section 138 of the Negotiable Instruments Act, 1881 within a period of 30 days from the date of return of the cheque for insufficiency of funds. Thereafter, if the drawer of the cheque fails to make the required payment within 15 days of the issue of the notice, a complaint can be filed before the concerned District Court under Section 138 of the Negotiable Instruments Act.

Although, you are not required to be present in person on all dates but your presence will be required on certain dates. If you are not in a position to be in India at all, it is best you authorize a person by way of a Power of Attorney to pursue the case on your behalf.

Advocate Rajat Agnihotri LawRato

550 votes

present the cheque In bank so bank dated within one month firstly u have send notice the other party.then after receive him/her notice.other party can possible connect with u for resolve the cheque issue.if other party cant response so u will file the case within 15 days to send the notice dated .if u will not present in the date of hearing so u dont worry we can apply the application to the judge for u r not in india so judge will start ur processiding with any interuption.

Advocate Mukesh Mishra LawRato

510 votes

To your 1st query regarding procedure, following are the steps:
1. Send a demand notice to the defaulter within a period of 30 days from the date when the cheque was dishonoured;
2. Thereafter, within 15 days of the receipt of the aforesaid demand notice, the defaulter has to make the payment to you;
3. If within the period of 15 days, the defaulter does not make good/ honour the cheque, then you can file a case/ complaint before the Court within a period of 30 days.

To your 2nd query, the answer is "yes". You need not appear on all the dates.

Advocate Bidit Kumar Deka LawRato

917 votes

Sir,
You have to make a demand for the amount due to the other side within 30 days of the knowledge of the dishonour. Then give him fifteen days' time to respond. After the expiry of 15 days, you have to file a criminal complaint before the concerned Magistrate within 30 days of that expiry of 15 days with documents like bank memo, examination-in-chief, dishonoured cheque with other documents establishing the other side's liability towards payment.
There are other legal remedies available as well, which can be discussed when we talk.
So far as your absence is concrened, you may have to depute someone for that purpose here.
Abhinit

Advocate Abhinit Das LawRato