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
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
filing Complaint under section 138 of Negotiable Instruments Act 1881?
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
- 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
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