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Time limit and procedure to file case under section 138 of Negotiable Instruments Act, 1881 in case of return of a cheque

Notice to the Drawer of cheque to pay amount of cheque within 15 days of receipt of the notice.
Within 30 days of return of the cheque a notice should be served to the drawer informing the drawer about dishounour of the cheque and should make demand of cheque amount within 15 days of receipt of the notice. If 30 days are already elapsed the drawee may present the cheque again in the bank within the stipulated period.

 

 

 

Filing of Case under section 138 of Negotiable Instruments Act, 1881
If the drawer does not pay the amount of cheque within 15 days of receipt of the notice, the drawer can file a criminal case under section 138 of Negotiable Instruments Act, 1881 within next one month   in the court where the cause of action has taken place.
It would be better to serve the notice through a lawyer.

Documents for filing case under section 138 of Negotiable Instruments Act 1881 e.g.
 
Memo of Parties
Complaint U/S 138 Negotiable Instruments Act, 1881
Pre-Summoning Evidence/ By Way Of Affidavit
List Of Witnesses
List Of Documents With Documents
Vakalatnama
 
List of documents to file case under section 138 of Negotiable Instruments Act 1881 e.g.
 
1. Copy of the resolution authorizing Complainant's Attorney (in case of Company, firm etc).
2. Original dishonored cheques
3. Returning memo dated _____
4. Copy of legal notice dated _______
5. Postal Receipt No. ______ dated ______
6. UPC Dated _____
7. Limitation Document (This is required in some court, attach, If applicable)

 

 

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