Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ajay   12 April 2023

Cheque bounce case

Dear All,

A party has given me the cheque of Rs 2 lac to discharge his liabilities.  His cheque got bounced due to  Insufficient funds.

Now i want to file case under 138 ni act.

I met some lawyers in court for sending legal notice to him but some lawyers are saying that i must prepare CARBON COPIES OF NOTICE also as at the time of filing case photocopy of notice will not be  admissible evidence in 138 ni act.

But some lawyers have different view. They are saying keep photocopy of notice with you and photocopy of notice is admissible 

What is correct procedure. 


 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     12 April 2023

As per Negotiable Instruments Act, legal notice through a lawyer must be sent within 30 days from the date of cheque bounce. Thereafter within 15+30=45 days from the date of sending the legal notice, case must be filed.

Advocate Bhartesh goyal (advocate)     12 April 2023

Photocopy of notice signed by lawyer is admissible in may submit .

Shakti Maan (lawyer at Supreme Court delhi 9650334626)     12 April 2023

first of all you need to understand the process of 138...

1. you have to sent a legal notice to the person who gave you cheque within 30 days from cheque bounced date ( cheque bounce date to 30 days)

2. once you do the first step then wait of 15 days for expiring period of legal notice.

3. once legal notice period is expired then you can file case under 138 ni act withing 30 days from expiring period of legal notice.

that means from the date of cheque bounce+30+15+30.

to file 138 ni act case you need following documents

1. bounced cheque

2. return memo from bank of insufficient funds (as in your case)

3. legal notice

4. proof of liablity (in any) to make your case strong proof linke call recording/whatsapp chat/agreement etc.

5. ther proof that you repedately asking for your money (optional)

contact for detailed info...

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Recent Topics

View More