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Punit Wani   08 February 2022

138 cheque bounce

Are original documents like cheque and return memos required to be submitted in courts or only attested copies?


Learning

 5 Replies

Advocate Bhartesh goyal (advocate)     08 February 2022

All original documents ( cheque,return memo,copy of notice postal receip, A.D and other relevant documents  )are to submit with complaint.

Anaita Vas   09 February 2022

These are the documents that you will have to submit in a cheque bounce case.

1. Copy of the notice served on the drawer.

2. Proof of service of notice, either courier receipt or receipt of registered post.

3. Original cheque on record.

4. Cheque return memo issued by the banker to the drawer.

5. Proof of the existence of a legally enforceable debt or liability.

 

Regards,

Anaita Vas

 

    Adv. Mohit Chahal (Advocate)     09 February 2022

    Dear Punit

    First you need to send a legal notice vide reg. post to the person issued cheque to you and that legal notice must be send within 30 days of cheque return memo issued by the bank.

    And if the cheque issuer does not make requisite payment within 15 days then you need to file complaint u/s 138 N.I. Act in the Court of proper jurisdiction.
    j
    YES, Original documents are required to submit along with complaint in the Court including
    cheque,
    bank return memo,
    legal notice,
    Reg. Post service report,
    any other relevant document

    I hope that makes answer your query in detail.


    Regards
    Mohit Chahal
    Advocate
    District & Sessions Court, Hisar
    Phone No. 9968911099

    https://mohitchahaladvocate.business.site

    Dr J C Vashista (Advocate)     09 February 2022

    Well advised by the experts, I endorse and appreciate.

    The Magistrate shall take cognisance of offence from original documents of cheque, memo of bank and served legal / demand notice 

    Punit Wani   12 February 2022

    Thanks all experta for which replies🙏

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