Return of Cheque,  How to File Criminal Complaint with Court? Time Limit and Procedure under Section 138 of Negotiable Instruments Act

 

When a cheque is returned unpaid one should not wait to get the payment according to the convenience of the party issued the cheque. If necessary formalities are not completed within the time limit, the chances of recovering the amount will cease. Following are the procedure to send notice to the debtor and file complaint with court.

 

 

How to inform the Debtor about return of Cheque? Sending Notice to the Drawer to pay amount of cheque within 15 days of receipt of the notice.

If the cheque is returned unpaid from the bank, the bearer should collect returned cheque and cheque return memo from the bank immediately. A notice should be served to the drawer within 30 days of return of the cheque informing the drawer about dishounour of the cheque and should make demand of cheque amount within 15 days of receipt of the notice. If 30 days are already elapsed after return of the cheque the drawee may present the cheque again in the bank within the stipulated period.

 

It would be better to serve the notice through a lawyer.

 

How to file Criminal Complaint under section 138 of Negotiable Instruments Act, 1881 against return of Cheque?

If the drawee send legal notice for payment of cheque amount against returned cheque, and the drawer does not pay the amount of cheque within 15 days of receipt of the notice, the drawer can file a criminal complaint under section 138 of Negotiable Instruments Act, 1881 within next one month   in the court where the cause of action has taken place.

 

What are the Documents required for filing Complaint under section 138 of Negotiable Instruments Act 1881?

The following basic documents are necessary to file  Complaint under section 138 of Negotiable Instruments Act.

  1. Memo of Parties
  2. Complaint U/S 138 Negotiable Instruments Act, 1881           
  3. Pre-Summoning Evidence/ By Way Of Affidavit (in some courts)
  4. List of Witnesses              
  5. List of Documents with Documents     
  6. Vakalatnama in favour of the Counsel

 

What are the other supporting documents to file case under section 138 of Negotiable Instruments Act 1881

The following are the other documents necessary to file criminal complaint Under Section 138 of Negotiable Instruments Act. 

  1. Copy of the resolution authorizing Complainant's Attorney (in case of Company, firm etc).
  2. Original dishonored cheques
  3. Returning memo dated _____
  4. Copy of legal notice dated _______
  5. Postal Receipt No. ______ dated ______
  6. UPC Dated _____
  7. Limitation Document (This is required in some court, attach, If applicable)

 

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