What will be the legal procedure to file a case of cheque bounce

609 votes

Dear Client,

To file a case under Sec. 138 of negotiable instrument Act, you have to first issue the notice through advocate to the drawer. But note that, there is a limitation period to file the case. After sending the notice he has to pay the demanded amount within the fifteen days of the recipet of the said notice. If he failed to repay the dues you can file the case before honble JMFC within 30 days after the notice period.

Regards

Advocate Pranav Abhyankar LawRato

844 votes

Sir,

After check bounce if you want to initiate a proceeding against the person then you have to contact a lawyer. Once your check is bounce you have to initiate proceeding u/s 138 of Negotiable Instrument Act. As per Act you have to send the notice via advocate to opposite party within the span of 15 days. The intimation that in the next 30 days opposite party has to reply or settle the matter or you will file a proceeding in court.

Regards,
Saqib Gigani.

Advocate Saqib Gigani LawRato

792 votes

Need to have the date of bouncing of the cheque, then the demand notice is to be issued to the drawer of the cheque. We have to wait till the notice period n then filing of the complaint. One should have a legal reason to claim the amount n it has to be proved.

Advocate Kavita Kulkarni LawRato