Deposit return cheque is bounced

Once the bank has return the cheque, i.e. the cheque has bounced, you are required to send a letter (demand notice) within 30 days of such bouncing to the party who wrote the cheque (the drawer) threatening to initiate proceedings under the Negotiable Instruments Act in case the amount is not paid within a stipulated time period (usually 15 days).

Even though there is no prescribed format for this notice, its purpose of demanding payment and informing the issuer that s/he will be prosecuted in case payment is not made should be highlighted very clearly. Further, proof of delivery of such letter should be preserved carefully.

Demand letter can be sent by the complainant her/himself. However, it is advisable to get the draft vetted by a cheque bounce lawyer before sending it to the person concerned.

Wait for four days as wife has assured that she will bring to the attention of her husband about cheque bouncing.  After one week, search in google website for the format of notice to be given to drawer under Sec.138 of NIA and send the notice by Regd Ack due, and also add one para about informing the matter to his wife over phone and stated that you have waited for response for a week.

Now that Central Govt is coming out with a law to make the cheque bouncing offense as non bailable, the politician may become ineligible to contest in case of a criminal case, and he is bound to repay the amount with interest and expenses also.

You have to send notice within 30 days. The notice itself is a kind of conciliatory action. If in reply to the notice he or his wife pays you, it is well and good. Though NI_138 is a criminal law, influence with police will not help him except if he wants to intimidate you.