How to file a Cheque Bounce Case under Section 138 of NI Act ?

To file a cheque bounce case, first send a legal notice to the drawer within 30 days of the cheque bouncing, demanding payment within 15 days. If the drawer doesn’t pay within that timeframe, file a criminal complaint with the court within 30 days of the notice period expiring. The court will then conduct a trial, and if found guilty, the drawer can face fines or imprisonment.

Here’s a more detailed breakdown:

  1. Send Legal Notice:
    • Within 30 days:

After the cheque is dishonored, send a written legal notice to the drawer through registered post or courier.

    • Demand Payment:

The notice should demand the cheque amount and any associated bank charges or penalties.

    • 15-Day Response Period:

Give the drawer 15 days to make the payment from the date they receive the notice.

    • Proof of Delivery:

Keep proof of sending the notice, such as a postal receipt, to demonstrate it was sent.

  1. File a Complaint:
    • Within 30 days of the notice period:

If the drawer doesn’t pay within the 15-day timeframe, file a criminal complaint with the court.

    • Gather Documents:

You’ll need the bounced cheque, the bank’s return memo, the legal notice, proof of delivery, and any other relevant agreements or documents.

    • Jurisdictional Magistrate:

The complaint should be filed with the appropriate Judicial Magistrate’s court in the city or town where the cheque was drawn or dishonored.

    • Appear before the Magistrate:

You, as the complainant, will need to appear before the magistrate to make your statement and present your case.

  1. Court Proceedings:
    • Summons: The magistrate will issue a summons to the drawer, directing them to appear in court.
    • Appearance and Plea: The drawer must appear in court and can plead guilty or not guilty.
    • Trial: If the drawer pleads not guilty, the court will conduct a criminal trial.
    • Examination of Witnesses: Both the complainant and the drawer’s witnesses will be examined.
    • Final Judgment: If the drawer is found guilty, they can face penalties, including imprisonment for up to two years or a fine up to twice the cheque amount.

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