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.,


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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

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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.

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