How to file case of cheque bounce because payment stopped by drawer

546 votes

138 NI Act covers the matter just like any other cheque bounce matter. Ensure that you send a legal demand notice within 15 days from the date of receiving the memo from bank. Further, ensure that you file the case within 30 days thereafter. You may reach out to me for filing a 138 NI Act case in fast-track-court.

Advocate Sathya Narayanan Subramanian LawRato

653 votes

If cheque dishonoured for the reason of payment stopped by drawer also attract 138 N. I. Act. So within 30 days from the knowledge of return of cheque for the reason Payment stopped by drawer, send a notice calling upon him to make payment of cheque amount within 15 days from the date of receipt of notice. If he fails, file a complaint under Section 138 and 142 of N. I. Act before Judicial Magistrate court within 45 days from the date of receipt of notice by drawer. That is within 30 days after 15 days time granted to him to make payment.

Advocate Santhosh LawRato

730 votes

The reason Stop Payment is also covered under sec.138 of N I Act. You have to first send notice demanding the dispute cheque amount. If he is not responding after 15 days of receipt of notice within 30 days you can file the case. For more information please contact me.

Advocate K. Venkatesan LawRato