Cheques have traditionally been a reliable choice for moving money in business deals. However, when a cheque is dishonored or bounces due to insufficient funds or other reasons, it can create a legal hassle for both the payer and the payee. In this blog let us learn How to File a Cheque Bounce Case.
What Is Meant by Cheque Bounce or a Dishonored Cheque?
To file a cheque bounce case first, you all need to know what is it. A cheque bounce occurs when a cheque presented for payment to the bank is returned due to insufficient funds, mismatched signatures, overwriting, post-dated cheque, or other technical reasons. Legally, a dishonored cheque is considered an offense under Section 138 of the Negotiable Instruments Act, of 1881.
How to File a Cheque Bounce Case?
1. Legal Notice
The first step is to issue a legal notice to the defaulter within 30 days of receiving the bank memo regarding the bounced cheque. The letter firmly asks for the outstanding amount to be paid within a tight timeframe of 15 days.
2. Filing the Complaint
3. Document Preparation
4. Court Proceedings
5. Verdict and Enforcement
How to File a Cheque Bounce Case Online?
1. Register on the Portal
2. Fill in Details
3. Upload Documents
4. Payment of Fees
5. Case Submission
Is Cheque Bounce a Criminal Case?
Yes, a Cheque Bounce is considered a criminal offense according to Section 138 of the Negotiable Instruments Act, of 1881. The issuance of a bounced cheque due to insufficient funds or other reasons is a punishable offense, leading to criminal proceedings against the defaulter, which can result in imprisonment for a term extending up to two years or a fine, or both.
How Do You Win a False Cheque Bounce Case?
Winning a false Cheque Bounce Case involves presenting substantial evidence to prove the authenticity of the transaction. Keep all your chats, bank slips, and proof of purchase handy; they’re your authority in the hole when proving you played it straight.
For More Details About How to File a Cheque Bounce Case, Contact M&M Law Partners
For further information regarding the process of filing a Cheque Bounce Case, please get in touch with M&M Law Partners. At M&M Law Partners, we have the best civil lawyers in Delhi who are experts in navigating How to File a Cheque Bounce Case, they’ve got your back every step of the way. Reaching out to M&M Law Partners could be a game-changer if you’re tangled up in the messy world of Cheque Bounce cases—they’ve got the know-how to guide you through every legal round.
FAQ's
1. How Can We Defend Yourself in a Cheque Bounce Case?
2. Can Cheque Bounce Lead to Jail?
3. How Much Are Cheque Bounce Charges?
4. Can we file an FIR against cheque bounce?
5. What Are the Reasons for a Cheque Bounce?
Wrapping it up, and getting a firm grip on How to File a Cheque Bounce Case legally is key when you’re aiming to get justice for those bounced payments. Make sure you follow the legal playbook to a tee and arm yourself with rock-solid evidence for your cheque-bounce defense. Seeking legal advice from experienced professionals can significantly assist in navigating through the complexities of cheque bounce cases.