Legal Question in Banking Law in India

Re: Bouncing of Cheque

It is advisable to file a Complaint at the jurisdiction where the cheque was presented.Kindly note that before filing a complaint there are pre-requisites that you have to comply.

Re: Bouncing of Cheque

basically you have to send a notice first and for that you need to approach an advocate.

Re: Bouncing of Cheque

The complaint can be filed in the courts either at Noida or Delhi or at Chandigarh. But before filing a complaint case with a court, you are required to issue a demand notice under section 138 of the Indian Negotiable Act, within 30 days of the dishonour of the cheque. This is a statutory requirement.If the issuer of the cheque fails to comply with the demands raised in the notice, then you are entitled to file a complaint case in the designated courts at places mentioned above. The filing of a FIR depends on you and upon the facts and circumstances of the case.

Note:The above advice is based on the facts and circumtances mentioned and as per the Indian laws.It is also advised that one should always consult an attorney giving out all the relevant details.

Navin Kumar

Partner

Naashree Associates, Advocates

Litigation cell: 6,Babar Lane, Ist Floor, Bengali Market, New Delhi-110001.

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