What is the procedure to file a cheque bounce case

901 votes

Dear Client,
You must furnish full details like, the date of your lending money, whether have you obtained any promissory notes etc., at the time of your lending amount, why did you receive cheque for Rs. 1 lakh when the debt is due to you is Rs.2 lakhs and interest if any. Why did you present the cheque for three times. You must initiate legal action after bouncing once. What is the date of cheque. The validity of cheque is only for three months. You must furnish the last time cheque bouncing date. You must issue legal demand notice within one month from the date of bouncing of cheque. Even now your can initiate legal action on the last date of bouncing of cheque if the same is within one month. Engage an expert advocate who deals cases under Negotiable Instruments Act. If you got supporting documents like pronote etc., if the borrower has properties you can initiate legal action by attaching his properties apart from filing cheque bounce case to recover the legal due.

Advocate Sistla Rama Krishna LawRato

730 votes

First your cheque is barred by limitations only option to file a recovery suit in civil court otherwise there is no alternative and you loose you money as well. Kindly consult a lawyer on immediately.

Advocate Akhil Verma LawRato

766 votes

Yes you can file the case but before that you should serve a legal notice and then if the payment is not realised. You can file compliant case under section 138 of negotiable instruments act, but where the cheque deposited ?

Advocate Mani Bhushan Sinha LawRato

764 votes

Dear,
If you have not issued a legal notice within 30 days of cheque dishonour, i am afraid you will now not be able to file a suit u/s 138 N. I. ACT. However, an alternative remedy is available in order 37 of CPC. this is going to be a civil suit.
Regards
Arpit Jain
Advocate

Advocate Arpit Jain LawRato