Cheque Bounce Notice
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The first step is to send a legal notice to the defaulter within 30 days of receiving the cheque return memo.
If there is no payment from the defaulter then file a complaint under section 138 of The Negotiable Instruments Act.
- After getting information from the bank that cheque is dishonoed then send him (drawer of the cheque) a notice within 30 days( from the date you received an information from the bank ) that your cheque is dishonored by the bank.
- On the date when notice duly served on the drawer( means when drawer received your notice ) grace period starts , if drawer did not make payment within 15 days from the date of notice received then cause of action arises.
- you must file a complaint within 30 days ( from the date when cause of action arised ) in the Court of judicial magistrate of first class.
- Dashrath Rupsingh Rathod vs State Of Maharashtra & Anr (2014) the Supreme court is held that complaint shall be instituted in the court in whose local jurisdiction drawee band is situated. so according to this judgment you choose proper court.
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