Answer By law4u team
The procedure for filing a complaint for cheque bounce is as follows: Issue a Demand Notice: The first step is to issue a demand notice to the drawer of the cheque within 30 days of the cheque bounce, demanding payment of the amount due. The demand notice must be sent through registered post with acknowledgement due or by courier, email, or any other electronic mode. The demand notice should include details such as the cheque number, date of issue, amount, reason for bouncing, and a demand for payment within 15 days of receipt of the notice. Wait for Payment: If the drawer makes the payment within 15 days of receiving the demand notice, the matter is settled, and no further action is required. File a Complaint: If the drawer fails to make the payment within 15 days of receiving the demand notice, the payee can file a complaint before the appropriate court within 30 days of the expiry of the notice period. The complaint must be filed in the court having jurisdiction over the place where the cheque was dishonored or where the drawer resides. Submit Supporting Documents: The payee must submit supporting documents along with the complaint, including the original cheque, the dishonored memo issued by the bank, the demand notice, and any other relevant documents. Court Proceedings: The court will then issue a summons to the drawer of the cheque, requiring them to appear before the court and answer the complaint. If the drawer fails to appear in court, the court may issue a non-bailable warrant for their arrest. If the drawer is found guilty, the court may impose a fine and/or imprisonment as per the provisions of Section 138 of the Negotiable Instruments Act. It is important to note that the procedure for filing a complaint for cheque bounce may vary slightly depending on the specific facts and circumstances of each case. It is advisable to seek the assistance of a legal professional to ensure compliance with all the necessary legal requirements.
