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Clament Richard   17 June 2019

138 NI act

what is the practical procedure of 138 N.I act


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 1 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 June 2019

Firstly, you will have to send the issuer of cheque demand notice for the cheque amount within 30 days of cheque bounced.
Secondly, if the issuer of cheque fails to pay the cheque amount within 15 days of the above demand notice, then a complaint must be made to the Magistrate/ Metropolitan magistrate within 30 days of above non payment.
Issue regarding where the complaint will be filed- The complaint has to be filed to the Magistrate/ Metropolitan Magistrate within the jurisdiction where your bank falls. 
Kindly note that time is the essence to file a case for Cheque Bouncing under Section 138 of the Negotiable Instrument Act, 1881. Hence do not delay the process.
Before filing a case, demand notice and waiting period of 15 days is must.
I hope the same resolves your query.


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