To file a cheque bounce case in India, you'll need to gather several key documents, including the original bounced cheque, the bank's return memo, a copy of the legal notice sent to the drawer, and proof of its service. You'll also need an affidavit stating the facts of the case and any other relevant documents proving the debt or liability.
Here's a more detailed breakdown:
1. Original Documents:
Original Cheque:
The cheque that bounced, with the bank's endorsement indicating the reason for dishonor (e.g., "insufficient funds").
Cheque Return Memo:
The memo from your bank detailing the reason for the cheque's dishonor.
Legal Notice:
A copy of the legal notice you sent to the person who issued the cheque (the drawer).
Proof of Notice Service:
This can be a courier receipt, registered post acknowledgement (AD card), or any other document proving the notice was delivered to the drawer.
2. Supporting Documents:
Affidavit:
A sworn statement detailing the facts of the case, including the existence of a legally enforceable debt or liability.
Proof of Debt/Liability:
Documents such as invoices, agreements, or receipts that demonstrate the transaction for which the cheque was issued.
Complaint Format:
A formal complaint drafted according to the requirements of Section 142 of the Negotiable Instruments Act.
Vakalatnama (if applicable):
If you are using a lawyer, this document authorizes them to represent you in court.
Payment of Court Fees:
You will need to pay the prescribed court fees for filing the case.
Bhatta/Process Form:
This form is filed to request the court to issue summons to the accused, and includes the accused's address.
3. Additional Information:
Jurisdiction:
The court where you file the case must have the appropriate jurisdiction, which is usually determined by where the cheque was delivered for collection or where the drawer's bank account is located.
To file a cheque bounce case under Section 138 of the Negotiable Instruments Act, 1881, you need to collect and submit a specific set of documents to ensure your case is legally maintainable and procedurally complete. Here's a list of essential documents you will need:
Essential Documents for Filing a Cheque Bounce Case
1. Original Cheque
o The dishonoured cheque issued by the drawer (accused) in your favor.
2. Cheque Return Memo (Bank Dishonour Slip)
o A memo from the bank stating the reason for dishonour (e.g., "Insufficient Funds", "Account Closed").
3. Copy of Legal Demand Notice
o A written notice sent to the drawer within 30 days of receiving the bank's return memo, demanding payment.
4. Proof of Sending Legal Notice
o Postal receipt, courier slip, speed post tracking report, and preferably the Acknowledgement Due (AD card) or online delivery confirmation.
o If notice was refused or unclaimed, preserve the postal return envelope.
5. Affidavit or Complaint Petition
o The formal complaint filed before the Magistrate, along with an affidavit stating the facts of the case.
6. Proof of Service of Legal Notice
o Evidence that the drawer received or had an opportunity to receive the notice (delivery report, refusal proof, etc.).
7. Your Bank Account Statement or Passbook Copy
o Showing the cheque entry and its dishonour.
8. Authorization Letter (if filed by a representative)
o If someone else is filing the case on your behalf (e.g., company representative, power of attorney holder).
9. Vakalatnama
o Authorizing your advocate to represent you in court.
10. Supporting Documents (Optional but Helpful):
o Any agreement, invoice, loan receipt, or correspondence showing liability of the drawer towards you.
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