Which legal section should I use to file a complaint for a bounced cheque in India: Section 138 of the Negotiable Instruments Act or Section 156(3) of CrPC?

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Law Forum › Category: Cheque Bounce › Which legal section should I use to file a complaint for a bounced cheque in India: Section 138 of the Negotiable Instruments Act or Section 156(3) of CrPC?
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Apni Law Staff asked 2 years ago

Which legal section should I use to file a complaint for a bounced cheque in India: Section 138 of the Negotiable Instruments Act or Section 156(3) of CrPC?

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Best Answer

Apni Law Staff answered 2 years ago

You should file a complaint under Section 138 of the Negotiable Instruments Act, 1881. Section 156(3) of CrPC deals with police investigation, and while it may be used to report the bounced cheque, Section 138 is specifically designed for addressing such financial offenses.

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Previous Article I joined a multi-state credit cooperative society last year. Though they promised an offer letter later, I haven’t received one. Now, after a year, they’ve asked me to stop coming to the office, haven’t given me a relieving letter, and owe me two months’ salary. I’ve been aware of some suspicious practices like miscommunication and broken promises within the society. Now, the directors have disappeared, and they’re threatening to file a false complaint against me. Who can I report this to? How do I protect myself from these false accusations and get my dues?
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