Our advice on Indian Kanoon | Cheque Bounce

A person gave me a post-dated cheque but now refusing to pay it 

You cannot take any legal action against that person before the maturity of the post-dated cheque. The drawer issues the post-dated cheque for the discharge of debt or liability. When he issues the said post-dated cheque he admits that he has some financial liability. Therefore, the law will presume the existence of financial liability under Section 139 of the Negotiable Instrument Act.

Section 142 NI Act

Section 142: Cognizance of offences (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),— (a) no court shall take cognizance of any offence punishable under Section 138 except upon a complaint, in writing, made by the payee or, as the case may be, the holder...

Section 138: Negotiable Instrument Act

Section 138: Dishonour of cheque for insufficiency, etc, of funds in the account Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or...

A company committed offence under section 138 N I Act

When a company issued a cheque and it is dishonoured by the drawee bank it is said that offence under section 138 of the negotiable instrument act, is committed by the company. But company cannot be prosecuted for the offence because it is a legal entity and no physical punishment can be imposed upon a company.

Section 142 of The Negotiable Instruments Act, 1881

Dishonour of cheque is an offence under section 138 of the Negotiable Instrument Act. Section 142 of the Negotiable Instrument Act enunciates about the cognizance of the offence committed under section 138 of the N I Act. The court shall take cognizance only on the complaint in writing filed by the payee or the holder in due course of the cheque.