Legal advice on cheque bounce/ dishonoured
Have you recently faced the non payment of your rightful money due to cheque bounce? Frustrating! Isn’t it, the feeling of being cheated and not receiving your rightful moneyis indeed disturbing. But not to worry, it is one of the most common financial crimes that people face. You can however make the guilty feel the taste of Indian Law. It is a crime and criminal action can be taken against the offender.
What is cheque bounce?
- The payee (the person for whom the cheque is issued) deposits the cheque issued in his name in his bank. Usually, there is a 90-days timeline from the issuance date to deposit cheque.
- If the bank cannot give clearance to the cheque which is presented within prescribed time and payee does not receive the amount due as per the cheque, it is a bounced or dishonored cheque.
- There can be various reasons including mismatch in details filled on cheque, mismatch in signature or insufficient balance in the account of issuer.
- This could be mala-fide (deliberate) or a bona-fide (inadvertent) mistake. In cases of mala-fide intention of issuer, the payee has every right to resort to the legal action against the culprit.
- However, the reason of insufficient amount in the drawer account is a punishable offence as per Indian laws.
What can you do?
A notice as per Negotiable Instruments Act is required to be sent to the issuer of cheque within 30 days of receipt of information from the bank regarding cheque bounce due to insufficient fund in drawer’s account. The drawer has to pay the said amount within 15 days of the receipt of the notice or has to face the consequences of being punished with imprisonment for a term upto two years, or a fine upto twice the amount of the cheque, or both depending upon the gravity of the crime.
So all you need to do is, contact us as soon as possible upon intimation of cheque bounce. There can be instances when you could not have taken action with in the prescribed 30 days. Don’t worry, we are here to help in every situation and no one can deny your rightful money when our experts are there to help you.
Our professionals are at a phone call away to provide consultation for your understanding of options which are available to take action. We are also here to draft the notice, send it on your behalf and even file petition in court and attend the hearings on your behalf to enable justice for you.
We are also here for you to provide legal services in respect of any false cheque bounce case filed against you. Our experts are specialized in dealing with such matters and no matter what will never allow injustice to a falsely accused innocent.
The most unique feature of Online Legal Centre is you can customise the services you desire. This allows freedom to you to choose either of the legal services provided by us individually or in package. You can contact us for:
- i) Only Consultation including second opinions
- ii) Only to Review the petition and notice, i.e. consultation regarding documents required and review of prepared draft by you
iii) Draft the notice/ petition
- iv) Send the notice/ file the petition in court
- v) Call and Relax option: Consultation, drafting, sending notice, filing of petition and Regular hearing in court with updates to you till judgment every step is our responsibility.
Don’t Delay and Act, quick action is the key in cheque Bounce/ dishonour case and we are here only a click away. Click and chill, hum hain naa!!