How to File a Cheque Bounce Case in India: Step by Step

Handling a bounced cheque can be disappointing, particularly when you're counting on receiving that payment. The good news is that the law has a straightforward means of acting on it. If you're curious as to how to file a cheque bounce case, you're in the right place, as this guide takes you through the process, your rights under the law, and what to anticipate.




Understanding Cheque Bounce: Why It Happens

A cheque is bounced when the issuing bank declines to honour it. General reasons are:

●       Short of funds

●       Closing of the account

●       Signature mismatch

●       Expired cheque

 

Under Section 138 of the Negotiable Instruments Act, 1881, it is a criminal offence in India.

Legal Procedure for Cheque Bounce Cases in India

The following is the legal procedure for cheque bounce cases in India:

  1. Present the Cheque

Deposit the cheque in your bank within 3 months from the date of issuance.

  1. Wait for Dishonour Slip

In case the cheque is dishonoured, the bank will return a 'Cheque Return Memo' stating why.

  1. Send a Legal Notice

30 days after getting the memo, give a notice in writing to the issuer requiring payment. This is inevitable before filing a case.

  1. Wait for 15 Days

The drawer is given 15 days to reply or make the payment.

  1. File a Complaint in Court

In case of no payment, you may file a cheque bounce case in a court of a magistrate within 30 days from the expiry of the notice period.

Cheque Bounce Case Legal Advice

It is beneficial to obtain cheque bounce case legal advice, particularly if you're not aware of timelines or paperwork. An expert lawyer can:

●       Draft and issue the legal notice

●       Assist you in collecting evidence.

●       File and represent you in court

●       Enhance your odds of compensation or settlement.

Finding the Best Cheque Bounce Lawyers Near Me

Look for online legal websites or seek recommendations when searching for the best cheque bounce lawyers near me. Consider:

●       Their handling of comparable cases

●       Turnaround time to file

●       Success rate

●       Transparency and clear communication

 

A competent lawyer can streamline your case and prevent delays.

Conclusion

The whole matter surrounding cheque bounce cases can seem overpowering, but with the right guidance and prompt action, one can seek justice. The first step to making the issuer accountable is to know the procedure followed in India in cheque bounce cases. If you require consultancy on cheque bounce cases or searching for “cheque bounce lawyers near me”, you must do it on time and through legal channels.

FAQs

1. In India, how long is the time to file a cheque-bounce case?

It has to be within 30 days after the 15-day notice period expires.

2. Can I send a legal notice?

Yes, indeed, but it is better to have it drafted by a lawyer.

Q3: Is cheque bounce a criminal offence?

Yes, under Section 138 of the Negotiable Instruments Act.

Q4: How long will the process of a cheque bounce case take?

It could take 6 months to even years, subject to the complexity of the case and court schedule.

Q5: Can the case be solved through a settlement outside of court?

Yes, most of people settle outside to save time.

Location: Uniworld Air Rd, Uniworld City, Newtown, New Town, West Bengal 700135, India

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