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Shakeel (FM)     17 July 2015

Fir refused for cheque bounce

I went to police to register FIR against drawer which they refused and asked to send notice. I know that under section 138 of NI act, it is offence but they are asking to send us notice. Is there any provision under Criminal law which i can cite them.


 8 Replies

laxmi kant joshi (instructor)     17 July 2015

Yes , before registering report in the police station or filing NI 138 complaint case u/s 156(3) crpc in the court , there is a well set procedure to follow, consult to a local lawyer and then proceed further as per his guidance .

saravanan s (legal advisor)     17 July 2015

138 nia is not a cognizable offence.so police wont file fir.you need to first send notice along with the cheque return memo to the person who issued the cheque.this has to be done within 15 days the cheque had been dishonoured.the person who issued the cheque must issue a fresh cheque or a dd for the amount within 15 days.if he fails to do so you can file 138 nia in the court

Shakeel (FM)     17 July 2015

But then when can i file FIR?


Even after saying that it is not a cognizable offence U are botherred about FIR, act according to Mr.Saravanan.

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     18 July 2015

I thik Mr Saravanan is perfect . it is a non cognizable offence . so that no provision in indian penal code or any other through which you may claim justice.

Sudhir Kumar, Advocate (Advocate)     19 July 2015

stand of police is correct.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     20 July 2015

How many days is it since the cheque bounced?  It is neither a cognisable nor a non-cognisable offence soon after the cheque bounces. Under law itself you have to give a chance to the drawer of the cheque to pay up. If he doesn't pay up you can directly go to the court without going to the police. The magistrate will let off the accused only if he produces a bail bond and that too if you insist. The events are bouncing of the cheque-your sending notice to the drawer of the cheque - his reply or no reply to the notice - your filing case in the court. There are time limits between each of any two events. So without sending queries here and without complaining that police are not filing FIR you proceed fast without losing time and exceeding the time limits. Everything said and done you will be a loser, if you exceed any of the time limits.

srinivasan.r. (Lawyer, 9444000813)     21 July 2015

You have a bounced cheque you can do the following; 1, file case under Nego. Instrument act, or summary suit for recovery of money, and still if you bent upon filing FIR file a private complaint in magistrate court and seek direction to police to file FIR  and investigate the matter further.

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