Cheque Bounce Case Section 138

The cases of cheque bounce are quite common that nearly 40 lakh cases are pending claim supreme court reports.

Cheque bounce case section 138. Process steps in cheque bounce section 138 case. This notice is a notice which shall be given by the unpaid creditor payee to the defaulting debtor drawer through an advocate in case of dishonour of cheque under section 138 of negotiable instrument act. Sc issues directions for speedy disposal of dishonor of cheque cases.

How to file a case if cheque bounces. An appeal can be filed in the sessions court. Every year millions of cheque dishonour or cheque bouncing cases are registered in india.

Ram manohar lohiya national law university lucknow up. But the party is of new delhi and i am in punjab ferozepur. The ingredients of the offence under section 138 are.

In case a cheque issued by a company cannot be encashed by the bank than an individual may seek recourse after fulfilling the conditions given in section 138. A major share of all pending criminal cases in india is comprised of these cheque bounce cases. Also it is a bailable offence.

Dishonour of a cheque is a criminal offence under section 138 of the negotiable instruments act 1881 subject to certain conditions being fulfilled. We have lodged a complaint in court under section 138 bounce of cheque. An offence under section 138 of the negotiable instruments act 1881.

A cheque is drawn by the accused on an account maintained by him with a banker. An offence committed under section 138 is a non cognizable offence a case in which a police officer cannot arrest the accused without an arrest warrant. The following is an analysis of the rights.