Legal Question in Credit and Debt Law in India

Re: Cheque bounced

You may send a demand notice and follow necessary steps prescribed under Negotiable Instruments Act and may also consider filing a suit for recovery.

Re: Cheque bounced

Please issue a notice under Sec.138 of Negotiable Instruments Act within 30 days from the date of bouncing of the instrument and file a Criminal Complaint with the Magistrate Court. You may also file a Civil Suit where the limitation is for the period of 3 years. My advice is to first speak to him and take the advice of the advocate and act accordingly.

With Regards,

E.VENKATESH BABU

ADVOCATE, CHENNAI

Re: Cheque bounced

You can either file a criminal complaint for dishonour of the cheque or file a civil suit for recovery of the amount.

A suit needs to be filed within 3 years. For the criminal complaint, a statutory notice demanding payments needs to be given within 30 days for the date of dishonour, giving the drawer of the cheque 15 days time for payment. In case of default the case can be filed within two months.