Cheque bounce is a cognizable offence in India under Section 138 of Negotiable Instrument Act, 1881, and can attract a penalty and/or imprisonment of upto 2 years. Get Legal Advice On Cheque Bounce
Now, it is upto the payee to file a complaint against the drawer or to contact the drawer informing him/her about the bounced cheque.
As a payee, you have the legal right to file a complaint against the drawer and prosecute him/her.
You must send a legal notice within 30 days of receiving the Cheque Return Memo. The drawer gets a period of 15 days to respond to the notice.
If the drawer pays off the complete amount as written in the cheque to the payee within 15 days, then there will be no criminal case against him/her.
If the drawer does not pay within the said time, the payee can file a case in the competent court. It should be done within 30 days of the expiry of 15-day time period of the legal notice.
In case a drawer issues you a cheque and it gets bounced, you must not worry. If you don’t know what to do, Hire Cheque Bounce Lawyer for legal advice. He/she will help you in drafting and sending a legal notice to the drawer. Also, if the drawer does not respond to the notice within the said time or refuses to pay the amount mentioned in the cheque, you can file a case against him/her in court, seeking your amount. Online Legal Center can help you in this regard.
If you are a drawer facing the issue of bounced cheque and have received a legal notice or a lawsuit for the same, please contact a lawyer immediately. Remember, cheque bounce is a criminal offence, so do not take it lightly.
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Yes, the offender can get a bail in this case. But if you fail to appear in the court for the hearing, the court can issue a warrant to arrest you. In this case, the warrant will be non-bailable one.
Yes. The law gives the drawer a chance to correct his/her mistake by issuing another cheque to the payee within 15 days of receiving the legal notice from the payee. If this cheque gets honoured by the bank, meaning the payee receives the money through the cheque, then there will be no criminal case against the drawer.
However, if the cheque gets bounced again, then the payee has all the right to file a criminal case against the drawer under Section 138 of Negotiable Instrument Act and the case is dealt as per Code of Criminal Procedure.
Every criminal has the right to a fair trial. So, in this case, too, you will get a chance to put your stand as to why the cheque bounced or why there were insufficient funds in the account. Please hire a competent lawyer to represent your case for a more favourable outcome.
The bank can terminate the account of the defaulter or block the chequebook, plus the bank also charges a penalty for every cheque that has bounced.
The biggest consequence is the negative effect on your CIBIL score, which goes down and you become ineligible to get a loan from your bank in the future. The other consequences are paying a penalty and facing a criminal charge.
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We offer some of the lowest prices in the industry.
Our team of lawyers are certified through the Bar Council of India and have worked on umpteen numbers of cases successfully.
We provide legal guidance + our lawyers serve as pillar of strength to the clients to help them cope with the stress of cases.
We provide round the clock support.
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