Is section 138 NI act is effective for filling case on cheque bounce


I gave some one the amount worth 10 crores..For that he has given me cheques and the affidavit also...But now since the cheques have been bounced..Is section 138 is effective because I have not seen any worry on his face since he has political and administrative approach.. sir/madam does cheque bounce cases are effective

Answers (5)


129 votes

Yes they are very much effective regardless of connections any person can have. You should proceed by issuing notices mandatory before filing of cases. Start legal action in this regard as soon as possible due to time limits of the steps to be taken under Section 138 Negotiable Instruments Act.


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129 votes

Yes they are effective in cases when you have sufficient proofs to show that payments have been made by you. However, 138 cases can be filed only when you have served legal notice within 30 days from date of bounce of cheque. You can also have recourse to civil suit for recovery in alternate.

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89 votes

Hello client hru .
Yes as ur asking the effectiveness of NI 138 act ur saying right it's absolutely right that tht person is at problem as he has issue u the cheques along with his affidavit in this case he will.be held liable to pay your money at any cost you should file a case immediately.

120 votes

There are certain factors to look out for, firstly if the amount you gave is a legally enforceable debt and secondly if the cheque issued to you was to pay back in part or fully that amount back.
If these conditions are met, then you have a strong case under section 138 of NI Act.
However, you must act fast as the first requirement for filing a case is to send a legal notice within 30 days of the return memo.
One cannot run or hide from court proceedings.

281 votes

You have to first send legal demand notice within 30 days of the cheque bounce and give the accused 15 days time to refund the amount. If the accused person did not pay within 15 days of legal demand notice the money the a criminal.complaint is files to recover the dues.

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