Can a police complaint be filed for checque bounce?
What is the procedure under sec 138 if notice is not sent to the drawer?
Is there any other remedy available?
Drawer kept postponding payment even after cheque bounce was intimated to her
In terms of Negotiable Instruments Act, a notice be sent to the drawer of the cheque within 30 days from receipt of information regarding dishonour of cheque, directing him to make the payment within a period of 15 days. Upon such failure thereof, the complaint should pursue to file criminal complaint to the judicial magistrate of area where complainant's bank is situated.
In addition to above, the complainant can also pursue to file a civil suit for recovery under summary proceedings as enshrined under order XXXVII of the Code of Civil Procedure, 1908.
Police can't register complaint in cheque bouncing matters,complaint can be filed in. Magistrate Court by adopting the procedure lay down in N.I Act.You may file civil recovery suit against drawer to recover cheque amount,interest and expenses.