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Virun Jakka (Software Engg)     14 August 2009

How and where to file a case if cheque is bounced

How to file a case if cheque is bounced and where in which juridiction the case has to filed. I have a cheque given by one of borrower, which got bounced in bangalore, the cheque belongs to mumbai ICICI bank and the issuer also resides in Mumbai.

can anyone tel me how to approach for the case and where.






 8 Replies

Shyam Ji Srivastava (Practising Lawyer)     14 August 2009

Dear Virun,

Case against the dishonour may be filed

1-Where the cheque has been received

2-The city where the Cheque has been bounced

3-The place where the person who has issued the chequ resides.

4-It may be filed as per jurisdiction of  Court i.e. (the concerned Police Station)


aruntrivedi (lawyer)     14 August 2009

You have to issue notice for bounce of cheque within 15 days from the date of return of chq from Bankers. Specimen of notice is attached herewith. change it suitably and proceed further.

Attached File : 2 blank-notice-for138.doc downloaded: 382 times

Pankaj Rai (Lawyer)     15 August 2009

Dear , first you send notice of bounce cheque within 15 days from the date of return from bank, mentioning  cause specifically of bank memo in your notice (, you may file a complaint u/s138 of The Negotiable Instruments Act,1881 in Bangalore or Mumbai only.

SHEKHAR MISHRA (public servant)     15 August 2009

the  case may be filed  in a court  of  judicial magitrate 1st class or a metropolitan  magistrate within  local  limits of whose jurisdiction  the  cheque was drawn or bounced .

the notice must be issued within 30 days of memo of return by the cocerned bank.

bhumika singh (Lawyer)     18 August 2009

1. Where the cheque was received to be paid.

2. Where the aggrieved person resides.

3. Where the cheque was presented for payment

4. Competent court in whose jurisdiction the aggrieved person resides.

Bhumik Dave (Law officer)     19 August 2009

Bhumika is absoltly rght

Jai Kr. Ambavata ( Advocate)     30 October 2009

Dear, firstly u send a legal blank notice of opposite counsel & after there reply u fill u r case in our juricidition in NI Act u/s 138,1881.

valentine (Advocate)     09 November 2009

With the 2006 amendment, the notice limit has been increased to 30 days from 15 days. please check and revert



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