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There was a time where cheques were considered as the most reliable form of payment. But nowadays due to increase in cheque bounce cases people fear accepting payments over cheque.Mainly a cheque bounce occurs when a payee presents a cheque to a bank Ā for payment, and the cheque is returned stating insufficient funds by the bank then this circumstance will fall under Cheque Bounce case. The cheque that is provided for the payment must be rejected by the bank with a return memo indicating that there are not enough funds. In this situation, the cheque payee may send the drawer a cheque bounce notification requesting payment of the outstanding amount.Ā
Legal Advice in Cases of Cheque Bounce: To help you comprehend the case surrounding cheque bounce and your legal concerns, our experts provide knowledgeable guidance, describing legal obligations and rights of issuer and payee. Also appearing in court cases while explaining the procedures and settlement possibilities.Ā
Filing and defending Cheque Bounce case: Our lawyers assist on behalf of both the complainant and accused in cheque bounce case.Ā
Out of Court Settlements:Negotiating resolution for extended litigation for a long period of time.
Drafting and sending Legal Notice: For a Cheque Bounce a legal notice is mandatory according to Section 138 of Negotiable Instruments Act,1881. Sending a legal notice to the defaulter within the legal timeframe. Recommending additional legal measures if no response is received.
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Court Representation : Our experts provide strong legal representation in courts across India including Delhi,Hyderabad, Mumbai, Kolkata,Bangalore,Ahmedabad,Chennai,Pune and Gurgaon.
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Filing Complaints in Magistrate courts: Presenting evidence and arguing cases effectively. Defending against wrongful cheque bounce allegations.Ā
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Assistance required for documentation: We assist clients in gathering and organising important documents, such as bank memos and copies of bounced cheques. Memorandum of cheque returns stating reasons for dishonour. Legal notice copy sent to the issuer and bank statements for proof of transaction.
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Under NI Act 1881 cheque holder can file a case irrespective of whether he is an Individual, Pvt. Ltd. Company, Limited Company or Partnership Firm (Whether Registered or Unregistered).
Complaint Case u/s 138 of NI Act can be filed against the drawer of the cheque whether he is an individual, Pvt. Ltd./Limited company, or partnership firm (Whether Registered or Unregistered). But if the drawer of cheque is a Pvt. Ltd./Limited company, or partnership firm (Whether Registered or Unregistered). Then in that complaint case u/s 138 of NI Act the company/Partnership firm along with the person who signed the said cheque will be made a party to it.
Normally a cheque bounce case is filed within time limit but in case due to some unavoidable reason delay occurs, a complaint can be filed along with an application u/s 5 of Limitation Act to condone the delay.
Generally, in one case, 3 offences of the same year of the same nature can be clubbed together. But in cheque bounce case if the transaction is the same and there are many cheques, one can file a single case for all of them. And if the transactions are different then in that case not more than 3 cheques can be clubbed together in one case.
Accused can move to Sessions Court against conviction for that first accused has to take bail from the Trial Court.
If in any case the accused is acquitted, then in that regard the complainant can move to Honāble High Court against the acquittal of the accused.
A cheque bounce case can lead to both civil and criminal proceedings against the person who issued the cheque. The consequences can include penalties, fines, and imprisonment.
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We here at Online Legal Query have expert senior advocates who are specialized in the field of N. I.Ā Act,1881. We also can help you with any kind of cheque bounce matter, dishonour of cheque related issue. Online Legal Query can guide you to take the best legal steps in the pursuit of justice.
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