Who can file a Complaint?
The payee/holder of a dishonoured cheque can file a complaint.

When should the Complaint be filed?
The Complaint is to be filed within 30 days from the date on which the repayment period of 15 days expires.

Against whom can a Complaint be filed?
The Complaint is filed by the payee/holder of the dishonoured cheque against the drawer of the cheque.

Where should the Complaint be filed?
The Complaint should be filed in the Magistrate Court. Each Judge (in this case known as Magistrate) will have certain areas covered under them (called as Jurisdiction). Therefore the Complaint should be filed before the Magistrate who has jurisdiction over the area where the Payee/Holder’s bank’s branch is located. In order to find out the jurisdictional Magistrate, you can contact your Bank or the area police station or the Magistrate Court or your lawyer. It is to be noted that the branch in which the cheque has been deposited will not determine the jurisdiction of the Court.

Procedure/steps followed in Court

By Suraj Anand
Law Student, IME Law College, Ghaziabad
Legal Intern, Lex Excel – Advocates & Solicitors