Where can you file a complaint in the event of a cheque bounce, and how long does it take to receive a response?

The police do not directly register an FIR in cases of a check bounce. If the matter is of a civil or criminal nature, the police register a case. In such cases, the person must file a complaint in the Magistrate's Court.

Check bouncing has become a major problem today. Thousands of people face this situation every day, where someone is due to receive money, but the bank refuses to honor the check. This often results in financial loss for the victim. Legal action can also be taken against the accused after a check bounce. Indian law considers such cases serious crimes, and a case can be filed under Section 138 of the Negotiable Instruments Act, 1881. So, let us tell you where you can file a complaint in case of a check bounce and how long it takes to hear it.

Complaints are filed in court, not with the police

The police do not directly register an FIR in cases of check bounce. Only if the matter is of a civil criminal nature can the police register a case. Furthermore, the police register an FIR only if there is an angle of fraud or criminal conspiracy. Normally, the victim must file a complaint in a Magistrate Court. In a cheque bouncing case, the complainant cannot file a case in any city of their choice. The jurisdiction to file a case in this case lies only in the place where the cheque bounced or where the issuer has a bank account.

What is the legal process for filing a complaint in case of cheque bouncing?

The legal process for cheque bouncing cases in India is very clear. The law also sets a time limit for filing the complaint. If a cheque bounces, a legal notice must be sent to the accused within 15 days. This notice clearly demands repayment. If the accused fails to pay within 30 days of receiving the notice, a complaint can be filed in the Magistrate Court. After the case is filed, the court issues a summons to the accused. If the accused fails to appear in court, an arrest warrant may also be issued.

How long does the hearing take?

According to the rules, after sending the notice, the accused is given a certain period of time. If they fail to pay within this time, the complainant can file a case. The trial process begins in court as soon as the case is filed. However, due to pending cases and legal procedures, this can take time. Generally, efforts are made to resolve such cases quickly, as they involve direct financial loss. If found guilty, the accused can face up to two years in prison, a fine of up to twice the amount of the check, or both.

The Lawyer's Role in Check Bounce Cases

The lawyer's role is crucial in check bounce cases. The lawyer not only serves the notice on time, but is also responsible for presenting the case convincingly in court. He or she assists in the entire process, from gathering evidence to proving the accused guilty. The lawyer also ensures that the victim receives their money back quickly. While filing a check bounce case, certain important documents are considered essential, including a copy of the check, the bank bounce memo, the legal notice sent to the accused, and proof of service of the notice.