What is the time limit to file a cheque bounce case?
What is the time limit to file a cheque bounce case?
within 30 days
The payee must file the complaint against cheque bounce before the Magistrate within 30 days of the expiry of 15 days of the issuance of the cheque bounce notice.
How do I complain about a bounced cheque?
The first step after the cheque has been returned by the bank is not to register a legal complaint in the Police Station against the drawer (with/ without the lawyer) but is to send a formal demand legal notice/ letter to the drawer within the stipulated time of 30 days from the date the cheque was presented and …
How do I file a 138 case?
The following basic documents are necessary to file Complaint under section 138 of Negotiable Instruments Act.
- Memo of Parties.
- Complaint U/S 138 Negotiable Instruments Act, 1881.
- Pre-Summoning Evidence/ By Way Of Affidavit (in some courts)
- List of Witnesses.
- List of Documents with Documents.
How do you escape a cheque from bounce case?
You need to file a reply with the court in which the matter is filed and appear before the court either personally or through your advocate. If the court is of the belief that the cheque bounce case filed against you is false and has no merit, then it will acquit you of all the charges.
What is Section 138 NI Act?
Section 138 of the NI Act is a penal provision that deals with the punishment of dishonour of cheque. The cheque returned by the bank unpaid on account of insufficient funds. The cheque should be presented within six months from the date on which it was drawn or within the period of its validity, whichever is earlier.
How do I give a legal notice without a lawyer?
A legal notice could be sent through a Registered A.D. or through a courier. There is no specific procedure to issue a legal notice. The notice can also be personally tendered to the opposite party, as long as the opposite party is willing to receive it and sign an acknowledgment of its receipt.