How do I file a case under Section 138?

The following basic documents are necessary to file Complaint under section 138 of Negotiable Instruments Act.

1. Memo of Parties.
2. Complaint U/S 138 Negotiable Instruments Act, 1881.
3. Pre-Summoning Evidence/ By Way Of Affidavit (in some courts)
4. List of Witnesses.
5. List of Documents with Documents.

What are the conditions that must be fulfilled in order to initiate proceeding under s 138 of the Negotiable Instruments Act, 1881?

To constitute an offence under Section 138 of the Act, the following ingredients are required to be fulfilled:

• A person must have drawn a cheque on a bank account maintained by him.
• The cheque should have been issued for the discharge, in whole or in part, of any debt or other liability;

What measures shall be taken to make the enforcement of Section 138 of the Negotiable Instruments Act?

Considering and reproducing the constituents of section 138 of NI Act and section 178(d) of the Code, held: “(1) Drawing of the cheque, (2) Presentation of the cheque to the bank, (3) Returning the cheque unpaid by the drawee bank, (4) Giving notice in writing to the drawer of the cheque demanding payment of the cheque …

Is Sec 138 bailable?

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). Also, it is a bailable offence.

Is notice of dishonor necessary in all cases?

Notice of non-payment where acceptance refused. – Where due notice of dishonor by non-acceptance has been given, notice of a subsequent dishonor by non-payment is not necessary unless in the meantime the instrument has been accepted.

Is Section 138 a bailable offence?

No. A Magistrate can take cognizance of an offence of dishounour of Cheques under Section 138 of the NI Act only on a Complaint from the holder in due course (in this case the person in whose favour the cheque was drawn). Further, the offence is non-cognizable so the police cannot arrest without a warrant.

Who can file a complaint under Section 138 of the NI Act?

A complaint under section 138 of the Act can be filed only by the payee of the dishonoured cheque or by the holder in due course as mandated by Section 142 of the Act.