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
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.
Memo of Parties
- Complaint U/S 138 Negotiable Instruments Act, 1881
- Pre-Summoning Evidence/ By Way Of Affidavit (in some courts)
- List of Witnesses
- List of Documents with Documents
- 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.
Copy of the resolution authorizing Complainant?s Attorney (in
case of Company, firm etc).
Original dishonored cheques
Returning memo dated _____
Copy of legal notice dated _______
Postal Receipt No. ______ dated ______
UPC Dated _____
Limitation Document (This is required in some court, attach, If