How to File a Cheque Bounce Case

To pursue a case for a bounced cheque, you can follow these steps: 

  • File an FIR

    After filing an FIR, the Sessions court will fix a date for the case and call the accused.

  • Proceed in the criminal court

    If the accused doesn't appear in court, the court may declare them a proclaimed offender. The complainant can request the court to record their evidence so that the accused can be arrested.

  • Proceed in the civil court

    The cheque holder can serve a 14-day notice to the cheque signatory to inform them of the intention to file a suit for recovery. If the signatory doesn't respond, the cheque holder can file a suit for recovery in the civil court of the signatory's last known address.

A cheque bounce is a punishable offense under Section 138 of the Negotiable Instruments Act, 1881. The legal consequences include: 

  • Fines of up to twice the cheque amount
  • Imprisonment of up to two years

Before the court, the complainant must prove that there is a legal debt or liability.

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