CHEQUE BOUNCE PROBLEM

 Can I file case for Cheque bounce?

a cheque bounce is a criminal offence stipulated under Section- 138 of the Negotiable Instruments Act, 1881. However, in case of a cheque bounce, the aggrieved party can file a criminal as well as a civil suit against the accused.

How do I file a case under Section 138?

The following basic documents are necessary to file Complaint under section 138 of Negotiable Instruments Act.

1. Memo of Parties.
2. Complaint U/S 138 Negotiable Instruments Act, 1881.
3. Pre-Summoning Evidence/ By Way Of Affidavit (in some courts)
4. List of Witnesses.
5. List of Documents with Documents.

What is the punishment for Cheque bounce case?

The court, after receiving the complaint along with relevant documents, will start the case. If the drawer is found guilty, he/she will have to, as per Section 138 of the Negotiable Instruments Act, 1881, spend time in jail for up to two years and/or pay the penalty of amount twice the cheque amount

What are the documents required for Cheque bounce case?

The documents required to file a cheque bounce case in India are:

• Copy of the notice served on drawer;
• Proof of service of notice, either courier receipt or receipt of registered post A.D.
• Original cheque on record.
• Cheque return memo issued by the banker to the drawer.

How can I recover my money from Cheque bounce case?

Procedure to recover money in cheque bounce case

1. Proceed by sending a notice. ...
2.  in 138 matter u have to fisrt send notice within 30 dyas of chq bounce and than after wait for 15 days aince receve by person and after that u have to file case of 138 so for filling case near abt 25 days. .

How long does a Cheque bounce case take?

The drawer has to respond to the legal notice within 15 days from the date he/she receives the notice and to make payment. If the drawer failed to make payment within 15 days from the expiry of the notice then the drawee has to file a case within 30 days from the date the drawer received the notice

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