Briefs & Blazer

Briefs & Blazer Practicing Advocate โš–๏ธ
๐Ÿ“ Calcutta High Court
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21/02/2026

If a cheque issued to you is dishonored by the bank for "insufficient funds," you have a strong legal remedy under Section 138 of the Negotiable Instruments Act, 1881.

The Golden Timeline:

1๏ธโƒฃ Bank Memo: Get the 'Cheque Return Memo' from your bank.

2๏ธโƒฃ Legal Notice: Send a legal notice to the defaulter within 30 DAYS of receiving the memo. (Crucial Step!)

3๏ธโƒฃ Waiting Period: Give them 15 DAYS to make the payment.

4๏ธโƒฃ File Case: If no payment is made, file a complaint before the Magistrate within 30 DAYS after the waiting period ends.

Punishment: Up to 2 years imprisonment, or fine up to twice the cheque amount, or both.

โš ๏ธ Disclaimer: This is for information purposes only and does not constitute legal advice. Consult a lawyer for your specific case.

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