LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Wg Cdr Praveen Korla (Retd) (Vice President)     01 April 2009

Case of Cheque bouncing

Dear Friends,

We all are aware that bouncing of cheque for insufficient funds is a punisahble offence. However, can someone tell me how and where the complaint for such an offence is made. I would be grateful if the complete procdure be explained,

Thanx to all

Wg Cdr Praveen Korla

 



Learning

 4 Replies

Binod Kumar Mishra (Government Service)     01 April 2009

Dear Kol. Korla,


before filling of a complain before competent
court, you have to sent a legal notice giving 15 days time to the
opponent side. but this should be within 30 days of dishonour of
cheque. after 15 days if you not get your money then you may file a
complain case in the court of Cheif Judicial MAgistrate under section
420 IPC and 138 of N.I.Act.


 


that is the procedure
to file any case for dishonour of cheque. but it is suggestable that
you take help of some common friend to reach with any solution as
filling of case will cost you more as you have to fight case for nearly
8 years because there is a lot of possibility of appeal in upper courts.

Ashey   01 April 2009

yes ..Mr.  Mishra is right .. please also note that complaint has to be filed within 30 days days from the expiry of 15 days grace period for making payment

Wg Cdr Praveen Korla (Retd) (Vice President)     01 April 2009

Dear Binod,


Thanx for ur guidance.


Wg Cdr P Korla (Retd)

Prabhat Kumar (Advocate)     01 April 2009

you can file the complian where the cheque was drawn or where it was presented or from where the notice u/s 138 N.I. Act was issued, all three places have jurisdiction to start the proceeding.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register