Q: What are the mandatory conditions to file the petition of dishonour of cheque in court ?

Ans: According to section 138 of negotiable instrument act, 1881, if any person has issued any cheque and the cheque gets bounced due to insufficient balance, in such condition the drawer can be punished with an imprisonment upto 2 years and fine upto twice the amount of cheque. 

There are three conditions in accordance with section 138 of negotiable instrument act, 1881 to file the case of dishonour of cheque:

1. The cheque must be presented in bank within three months of the date of issue or within the period of its validity.

2. The drawee has demanded the amount of cheque in writing from drawer within 30 days of information received by him of cheque bounce.

3. If the drawer does not pay the amount of cheque to drawee within 15 days from the date of procurement of information given by drawee in writing to drawer.

It is mandatory to abide by all above mentioned conditions to file the petition of cheque bounce under section 138 of negotiable instrument act, 1881.

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