Dealing with a bounced check can be stressful, but it doesn’t have to be discouraging. This blog will guide you through the step-by-step procedure For Filing A Cheque Bounce Case, to empower you with confidence to reclaim what you deserve.
From understanding the situation to exploring legal options, we have got you covered. Let’s get in and solve this issue together.
Filing A Cheque Bounce Case in India
Under Section 138 of the Negotiable Instrument Act, Check bounce is considered a criminal offense, this means the person who was supposed to receive money (The payee) can take legal action against the cheque issuer by filing a complaint with the magistrate within 30 days after the 15 days mentioned in the notice of bounced check.
You can file a complaint under Section 142 which outlines the procedure for filing a complaint in case of dishonor of cheque.
Parties Involved In Filing A Cheque Bounce
The Below 4 Parties are Involved in The Procedure of Filing A Cheque Bounce Case
1. Drawer: Drawer is the one who writes the Cheque and ensures that the bank(The drawee) pays the specific amount of money to the payee
2. Drawee: Drawee is typically a financial institution(Bank), the drawer has an account with the drawee which instructs the bank to pay the payee from those funds. When the cheque is presented for a deposit, the bank becomes the drawee for that transaction.
3. Payee: The payee is the person or entity named on the Cheque who is entitled to receive the money
4. Payee’s Bank: This is the financial institution where the payee holds an account. The payee may deposit the Cheque into their account at their bank, then the payee’s bank will collect the funds from the drawee to credit the payee’s account.
8 Procedures For Filing A Cheque Bounce Case
Let us discuss the important Procedures For Filing A Cheque Bounce Case
1. Send Legal Notice: Demand your money back formally before court action.
2. File Complaint: Initiate legal proceedings if the notice is ignored.
3. Gather Evidence: Prepare documents to prove your case.
4. Get Legal Help: Consider consulting a lawyer for guidanceÂ
5. Court Summons: Receive a notice to appear in court.
6. Present Your Case: Argue your side of the story in court.
7. Defense: The person who bounced the Cheque gets to respond to your claims.
8. Court Judgment: The court decides the outcome of the case
8 Procedures For Filing A Cheque Bounce Case Online
Let us discuss the important Procedures For Filing A Cheque Bounce Case
1. Gather Necessary Documents: Collect proof of the cheque, bounced notice, and debt.
2.Cheque Jurisdiction: Ensure the court has authority over the case location.
3.Register on E-court Services: Create an account on the online court filing system.
4. File the Complaint: Submit your case details electronically.
5.Pay the Fees: Pay court fees associated with filing the complaint.
6.Receive Case Number: Get a unique identifier for tracking your case online.
7.Issuance of Summon: The court electronically sends a notice to the other party.
8. Attend Court Hearings: Participate in online or in-person hearings as required.
8 Advantages of Filing A Cheque Bounce Case Online
Advantages Of Filing A Cheque Bounce Case Online
- Increased Efficiency: File your complaint and access case information from anywhere with an internet connection.
- Reduced Paperwork: Submit documents electronically, minimizing physical paperwork.
- Faster Processing: Potential for faster case processing due to streamlined online filing.
- Improved Transparency: Easier access to case updates and court records online.
- Cost-Effective: May reduce costs associated with travel and physical document management.
5 Mistakes To Avoid When Filing A Cheque Bounce Case
1. Skipping the Legal Notice:
Don’t jump straight to court – a formal demand for payment can sometimes resolve the issue without needing a judge.
2. Incomplete Documentation:
Gather all necessary evidence like cheques, bounce notices, and communication attempts because cases with weak evidence may get dismissed.Â
3. Missing Jurisdiction:
File in the correct court – suing someone outside the appropriate area can delay or weaken your case.
4. Ignoring Deadlines:
Court procedures have time limits – missing deadlines can lead to dismissal or complications.
5. Proceeding Without Legal Help:
Legal complexities exist – consulting a lawyer can ensure you navigate the process effectively
To Know More Information On Cheque Bounce Cases And To File A Cheque Bounce:
Faced with a bounced Cheque? You’re not alone. At M&M Law Partners, we have the best civil lawyers in Delhi who are experts in the legalities of Cheque Bounce cases in India. We will break down the process, explain key steps, and equip you with the knowledge to navigate this situation effectively.
ALSO READ : Complete Guide For Cheque Bounce Notice In India
FAQs
How Do I Claim A Bounced Cheque?
Demand your money if ignored, file a complaint, gather the necessary proof like bounced cheques, bank statements, and communication attempts and seek proper guidance from a lawyer in case of complex situations.
What Is The Filing Period For A Cheque Bounce Case?
According to the Negotiable Instrument Act, a legal notice must be sent within 30 days of a cheque bounce. After that, the case must be filed within 45 days, including the initial 30 days for the notice and an extra 15 days.
What Is The Case Fee For Cheque Bounce?
Court fees for bounced cheque cases depend on the amount involved: ₹200 for ₹0 to ₹50,000, ₹500 for ₹50,000 to ₹2,00,000, and ₹1000 for amounts above ₹2,00,000.
Does Cheque Bounce Affect Cibil?
Cheque bounce will not directly affect the cibil score, but can trigger a chain reaction. To maintain a healthy credit score ensure to pay the payment at the right time.
Can A Mobile Cheque Bounce?
Mobile cheque deposits are not guaranteed. They can bounce just like regular cheque due to insufficient funds or Cheque errors.
What Is A Cheque Return Memo?
A cheque return memo is issued by the bank, if your cheque bounces for the first time after stating the reasons for non-payment. To Know More about Filing a Cheque Bounce Case, Refer The Above Blog.
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