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Cheque bounce, also known as a bounced cheque or a dishonored cheque, is a situation where a cheque that is presented for payment is not honored by the bank. This can happen for various reasons such as insufficient funds in the account, a mismatch in the signature, or an account being closed. When a cheque bounces, the payee or recipient of the cheque may face financial difficulties as the payment they were expecting is not received. The person who issued the cheque may also face legal consequences and may be required to pay a penalty fee to the bank.
Expert in Cheque Bounce
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Overview of Cheque Bounce
A cheque could be a medium of exchange that promotes cashless transactions in a degree economy. A Cheque is additionally termed as a negotiable document to move cash in an exceedingly physical kind or maybe to perform the inter-account transfer.
The situation of cheque bounce means the method of depositing cheques within the bank has been unsuccessful. It might ensue too many reasons:
- When there are lean funds within the account of the establishment. it’s thus suggested to bear in mind and careful whereas issue a cheque to make sure that there’s a comfortable balance within the account of the establishment
- When the date mentioned on the cheque is ugly or once the numbers are scribbled or maybe if the date on the cheque is three months previous from this date, then the bank will bounce the cheque.
- When the signature doesn’t match with the bank’s records.
- When there’s a distinction within the amounts mentioned in numbers and words.
- When the cheque has several stains or marks.
- When there’s overwriting, scribbling, or correction on a cheque.
Advantages of Cheque Bounce
Reasons for Hiring a Cheque Bounce Lawyer:
- Protects you from legal trouble
- For recovering the amount
Step 1: Send a Demand Notice to the person who has issued you a bounced cheque. The notice includes details regarding the check which has bounced. It should also include information of date the check and a copy of dishonoured memo.
Step 2: The person has 15 days from the time they receive the notice to pay.
Step 3: If you don’t received it, you can file a compliant in the prescribed format in the court.
Step 4: You should submit an oath letter, a copy of the notice issued with the acknowledgement receipt, a photocopy of the memo, and the bounced check received.
Step 5: When the judicial court gets your compliant, the court will review and verify the documents you have sent.
- The criticism ought to be filed beneath Section 138 of the Negotiable Instruments Act, 1881, containing a top level view of the facts.
- There is additionally a demand for pre-summoning proof by manner of legal document.
- At the time of filing the criticism, the litigator ought to manufacture an inventory of witnesses.
- All the documents essential to the case ought to be submitted beside the list of the documents being submitted.
- At the time of filing the criticism, the consumer ought to relinquishment a Vakalatnama in favour of his counsel that is to empower the advocate to act on behalf of his consumer.
- The notice of demand (legal notice issued by the recipient to the drawer beneath Section 138) beside the initial cheque come back note must be bestowed with the criticism.
FAQ's Cheque Bounce :-
A cheque bounce is a criminal offence stipulated under Section- 138 of the Negotiable Instruments Act, 1881. However, in case of a cheque bounce, the aggrieved party can file a criminal as well as a civil suit against the accused.
If the case goes to court the judgement may take anywhere around 2 to 5 years to take effect.
This Notice is a Notice which shall be given by the unpaid Creditor (Payee) to the defaulting Debtor (Drawer) through an Advocate in case of dishonour of Cheque under section 138 of Negotiable Instrument Act.
According to the NI Act the valid of any cheque is only 3 months from the date of issue. However if the cheque is bounced, one needs to file the case within the stipulated time with is approximately 75 days from the date of dishonor of cheque.
Normally a cheque bounce case is filed within time limit but in case due to some unavoidable reason delay occurs, complaint case can be filed along with an application u/s 5 of Limitation Act to condone the delay.
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