Cheque bounce which comes under Section 138 Negotiable Instruments Act, which is not a criminal offence but can lead to criminal.
Process of cheque bounce case:
- If a cheque is bounced, a notice has to be sent to the opposite party within 30 days from the date of memo accompanying the bounced cheque is received from the Bank.
- The notice by the holder of the cheque should claim the amount for which the cheque has been bounced, providing 15 days to settle the matter.
- The opposite party has 15 days from the receipt of the notice to settle the matter and no cause of action arises till the expiry of these 15 days or if paid within this specified period.
- After the completion of said 15 days, if the opposite party does not settle the matter or ignores the notice, then the holder of the cheque may file a criminal complaint before the appropriate court within 30 days of the expiry of said 15 days.
- If it is beyond 30 days period, the delay can be ignored by the court on sufficient cause being shown.
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