What to do in case drawer of bounced cheque goes missing

If cheque is bounced and the drawer of cheque is gone missing then can we file a suit against him or take any legal action about it. plzz mention documents to its support.

Answers (3)

280 votes

1. After receipt of the Bank Intimation Letter within 30 days you have cause legal Notice calling upon the drawer of the cheque to pay the amount due under the subject cheque within 15 days failing which you can file Private Complaint under Sec.138 of Negotiable Instruments Act, before the Jurisdictional Magistrate, within 30 days.

2. To prove legally dischargeable debt the holder of the Cheque shall produce the documents in relating the transaction, I/T Returns etc.,

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

177 votes

It is an offence both civil and criminal in nature.Once the complaint is filed under Sn.200 of Cr.P.C,the Court verifies the records and complaint and if satisfied records the sworn statement of the complainant on the same day and takes cognizance of the offence which means summons and warrant can be issued against the drawer for the offence.
Documents to be submitted are:
1) Statutory notice under sn.138 of N.I.Act
2) RPAD receipt
3) Cheque
4) Return memo from the bank

Popular Cheque Bounce Lawyers

Advocate H Gouri Shankar
Dilsukhnagar, Hyderabad
23 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience
Advocate Bala Janaki
330 Thambuchetty Street, Chennai
34 years Experience
56 votes

That cheque is important, you see the documents, particular cheque which has been returned and memo other returned indicates and deposited slip is enough for sending legal notice, after if he has not given proper reply u can file a case. Consult for brief discussion.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Cheque Bounce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions

"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles