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Where to file FIR in case of cheque Bounce
10-Nov-2023 (In Cheque Bounce Law)
1. How and in which sections complain can be filed 2. If police will arrest the person post filing the case 3. Where FIR can be filed in Place where i reside or where Check issuer resides.
You have to file the check bounce case under section 138 of the Negotiable instruments Act. However, before you move any such complaint, you'll have to send a demand notice within 15 days from date of check bounce. Any such complaint can be moved at the place where the check have bounced.
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What is the legal action if a cheque bounces?
In India, a cheque bounce is a crime. Its covered by Section 138 in the Negotiable Instruments act of 1881. If a complaint has been filed and the court finds the defaulter guilty, they can be punished by a two-year prison sentence and/or fines that can reach twice the amount of the cheque.
Can I be jailed for cheque bounce?
A cheque that is not honored can land the payer in prison for up to 2 years. Banks also charge penalties for cheque dishonor. Banks charge different penalties. The amount of the penalty varies from bank to bank.
What is the role of police in cheque bounce case?
The police have no role in cases of cheque bounces. If a cheque bounces, the party that is harmed files a complaint under section 138 of the Negotiable Instruments Act.
How do I file a complaint against a bounced cheque?
Step 1: Serve a notice. Serving the Legal Notice Draft is the first step in filing a claim against a cheque bounce. ...
Step 2: Making a complaint. ...
Step 3: Provide primary evidence ...
Step 4: The Trial Process
You can file the case under Section 138 and 142 of the Negotiable Instrument Act at the place/Bank where the cheque was presented for encashment. FIR can be filed at the place where the cheque was bounced. Police after recording FIR shall send the case to court of competent Jurisdiction. Court will issue summons to the accused person who after appearance get bail thus the case will move further
Surendra Gandhi-Advocate
Surendra Gandhi-Advocate
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Adv. Surendra Gandhi
Ghaziabad | 25+ Answers
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There is a specific act for the cheque bounce that is negotiable instrument act so u can not registered a fir before the police station but if situation is for cheating then u can file a fir against the accused but my personal suggestion not legal never lodged fir because if u lodged fir accused will be punished but your your money will not recover so file 138 ni act suit with recovery of money
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