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raj malhotra (M.D)     30 August 2012

Help cheque bounce

pls guide me how to attach accused's property in cheque bounce matters..amount involved is 10 lacs...have enough documentary evidences to prove liability on accused..pls guide...


 2 Replies

Biswajit Kumar Patra (Advocate)     30 August 2012


Dear Raj,

General procedure is

First – file a complaint u/s 138 NI Act.

Second – upon being satisfied the Judge will issue summons to the accused along with bailable warrant.

Third – if the accused does not appear after receiving the above court notice then NBW is issued.

Fourth – if the accused does not appear thereafter then process u/s 82/83 of Cr.P.C. is ordered to attach the property of the accused.


In addition to the remedy under the provisions of NI Act you have remedy under CPC to file a suit for recovery also.


Before filing the complaint under section 138, you need to send a demand notice for the said cheque bounce on receipt of the bank memo.

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