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