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Ramchander S (Mech Engg)     22 August 2019

Cheque bounce case



I have a cheque issued to me for monthly rental of property and signed by one of the privated limited company's director . The cheque has bounced because the authorised signatory has changed according to the bank.

Would it be a crimal case. Please let me know.




 4 Replies

Real Soul.... (LEGAL)     22 August 2019

Just follow the procedure for filing complaint under 138 NIA.Consult alwyer immedeately

Inconsistent signature on cheques could land you in jail. ... The Supreme Court has ruled that in case of cheque bounce, a mismatch of signatures will be treated on par with insufficiency of funds, "payment stopped" and "closure of account", which are offences under Section 138 of the Negotiable Instruments Act, 1881.

1 Like

Arun Agrawal (Business Consultant)     23 August 2019

What is precisely the jurisdiction of courts in dealing with NI 138 cases as of now . The Court which has jurisdiction over the Bank branch from where the bounced cheque was issued [ Delhi 110037 ] , or the Bank branch which returned the cheque [ New Delhi ] , or the Bank branch where the cheque was deposited  [ Noida ] 

arif khan   31 August 2019

issue legal notice demanding the payment of amount of cheque within 15 days. if they fail to pay you the amount criminal case is made out u/s 138.
1 Like

Ramchander S (Mech Engg)     31 August 2019

Thanks. Have sent them an informal notice before sending a legal notice and they paid up...It took three months to get the amount paid...

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