There are time Limitations specified under NI Act for filing a complaint under section 138, the step by step procedures are given below
- Cheque should be submitted to the bank with in 6 months from the date mentioned in it or before the validity of the cheque ends
- Once the cheque get bounced with a cheque bounce memo stating the reason for cheque bounce,
- The complainant should send a legal notice to the accused person with in 30 days from the cheque bounce date.
- The complainant should wait for 15 days from the date of legal notice delivery to the accused as an opportunity for the accused make the payment.
- If the accused did not make the payment with in 15 days after receiving legal notice from complainant
- Then the complaint can file a complaint under sec 138 of NI Act with in 30 days from the 16th day after the legal notice delivery
DOCUMENTS FOR FILING COMPLAINT UNDER SEC 138 OF NI ACT 1881
- A detailed complaint stating the financial transaction, reason for complaint and procedures followed for demanding the money etc.,
- Check-list under NI ACT
- Memo of Parties
- Index stating List of documents
- Original Cheque & Cheque bounce memo
- Copy of Legal Notice
- Tracking report of Legal Notice Delivery
- Certificate under 65B Evidence Act
- Evidence by way of Affidavit
- Vakalatnama
- Meta data (now days 138 matters are filed in Digital Court across Delhi)
- If the cheque belongs to a company then documents supporting/proving/showing the relationship between signature holder and the company also should be filed
:: Author ( Ambu Raja.RS. Achary) is HDFC BANK panel counsel at Delhi::
