raj malhotra (M.D) 30 August 2012
Biswajit Kumar Patra (Advocate) 30 August 2012
Dear Raj,
General procedure is
First – file a complaint u/s 138 NI Act.
Second – upon being satisfied the Judge will issue summons to the accused along with bailable warrant.
Third – if the accused does not appear after receiving the above court notice then NBW is issued.
Fourth – if the accused does not appear thereafter then process u/s 82/83 of Cr.P.C. is ordered to attach the property of the accused.
In addition to the remedy under the provisions of NI Act you have remedy under CPC to file a suit for recovery also.
RAKESH PIPRODIA (ADVOCATE) 30 August 2012
Before filing the complaint under section 138, you need to send a demand notice for the said cheque bounce on receipt of the bank memo.