What documentation is needed to file the case?

Answer

A:

To file a cheque bounce case under Section 138 of the Negotiable Instruments Act, 1881, the complainant (payee) must provide proper documents to prove that the cheque was issued towards a legally enforceable debt or liability and that all legal steps were followed before filing the case.

1. Original Cheque
   The dishonoured cheque issued by the drawer.

2. Cheque Return Memo
   Issued by the bank stating the reason for dishonour, such as “insufficient funds,” “account closed,” or “signature mismatch.”

3. Copy of Legal Demand Notice
   A notice sent by the payee to the drawer within 30 days of dishonour, demanding payment.

4. Proof of Dispatch of Notice
   Registered Post Acknowledgement Due (RPAD) slip, courier receipt, email record, or WhatsApp delivery proof showing that the notice was sent within time.

5. Proof of Non-Payment
   Evidence that the drawer did not make the payment within 15 days of receiving the notice.

6. Supporting Documents for Debt or Liability
   Loan agreements, invoices, contracts, account statements, or any written acknowledgment showing the cheque was issued for a valid debt.

7. Complainant’s Affidavit and Complaint Petition
   A written complaint supported by an affidavit verifying the facts of the case.

• Identity proof of the complainant (Aadhaar, PAN, etc.).

• Authority letter or power of attorney if the complaint is filed through a representative.

• Any correspondence (emails, messages) that proves the liability.

To file a cheque bounce case, you need the original cheque, bank return memo, copy of legal notice, proof of dispatch, proof of non-payment, and documents showing the underlying debt. These documents together establish that the cheque was issued for a valid liability and that the drawer failed to honour it within the statutory time.