You must send a formal legal notice to the drawer(person issued the cheque) within 30 days from the date you receive the “Cheque Return Memo” from the bank. This is a mandatory statutory requirement. Criminal case is not maintainable if notice is sent even with one day delay.
Once the legal notice is served, the drawer is given 15 days to make the payment. If they fail to pay within this 15-day period, the cause of action arises to file a criminal complaint in court. You have no option to give more or less time than the 15 days.
A criminal complaint must be filed in the Magistrate’s court within 30 days after the expiry of the 15-day notice period. Timely filing is crucial to maintain the maintainability of your case.
A conviction can lead to imprisonment for a term of up to two years, a fine which may extend to twice the amount of the cheque, or both.
Yes, filing a criminal complaint does not stop you from pursuing a civil recovery suit. You can file criminal as well civil case and pursue at the same time.
If the accused is convicted and fails to pay the fine, the court may order imprisonment for the default in payment. Additionally, the complainant can seek the attachment of the accused’s properties (movable or immovable) through the court to recover the compensation amount awarded in the judgment.