It is assumed that the cheque is bounced for want of funds. Under Section 138 of the Negotiable Insturments Act, the offence of cheque bounce is a criminal offence for which the payee can initiate a criminal suit. The payee must file the complaint attaching 'Cheque Return Memo' before the Magistrate within 30 days of the expiry of 15 days of issuing the cheque bounce notice.
Legal notice should be sent then complaint against him
You have initiate a criminal complaint under Section 138 of the Negotiable instruments Act 1881,
Give a notice to him asking for your money, if he fails to return your money then on expiry of 15 of receipt of notice by non applicant u can file complaint under section 138 NI act.
Hello sir We can file a cheque bounce case and ask for the amount settlement Whichll help you recover the amt on your cheque presented by the other party
You can send a Legal notice to the person who had issued a cheque in your favor. And if still he/she doesn't give you money, then you can move to JMFC Court.
It's NIA. It takes time but recovery is possible. So don't worry First start with Legal Notice.
File a case under section 138 of NIA. in your respective district court.
File a case in competent court of either CJM or JM court under section 138 NI,Act.
Kindly take appointment
`If the cheque is bounced, you can send legal notice firstly to issue new cheque or make payment through other mode. If this attempt is unsuccessful then you can file a complaint before the Metropolitan Magistrate Court
You can file case against him under Section 138 of NI Act and further claim the whole amount from the same.
A cheque bounce is an offence under Section 138 of the Negotiable Instruments Act, 1881 (“Act”) punishable with a fine which can extend to twice the amount of the cheque or imprisonment for a term not more than two years or both.
Limitation to file cheque dishonor case under negotiable instruments act is very important. You are required to issue a Legal Notice to the other party within 30 days from receipt of the cheque return memo, giving 15 days time to make the due payment. If the money is not paid within 15 days then you have further 30 days to file a criminal complaint under Section 138 of NI Act.
Hi Harish, For cheque bouncing matters you need to pursue legal action u/s 138 of the negotiable instruments act. It is considered as a criminal offence. Let me know if you need legal advise on this.
First you go in near police station for a complain. Than take next step..
Issue legal notice before 30 days of bounce date, thereafter u can sue in the court before 45 days of notice
According to Section 138 of the Act, the dishonour of cheque is a criminal offence and is punishable by imprisonment up to two years or with monetary penalty or with both. If payee decides to proceed legally, then the drawer should be given a chance of repaying the cheque amount immediately.
Dear Sir Legal remedy falls under section 138 of Negotiable Instrument Act for which first of all a legal notice has to be send to the accused person within 30 days from the date of memo issued by bank, thereafter, complaint under section 138 of NI Act shall be filed within 45 days from the date of legal notice. As per 138 of NI Act, there is provision of punishment and fine which is up to 2 years of imprisonment and fine double of the cheque amount and both.
You can initially send a legal notice via your lawyer and if the defaulter even fails to keep up with the given deadline then you may proceed to file a civil suit under section 138 of NI act.