Notice for Cheque Bounces

Why Us

An Expert team of Lawyers with experience of different cases 

Our lawyers are prevalent in a range of courts :

 

  • Mumbai High Court
  • Sessions Court
  • District Court
  • Tribunals
  • Supreme Court 

Along with creating a tailored strategy that safeguards your interests

Steps to Follow

STEP 1: DRAFTING OF COMPLAINT
Our lawyer would request you for a set of documents and will draft the complaint. They will share the complaint for your review and approval
STEP 2: SENDING COMPLAINT COPY
Once you approve the draft, the lawyer will print the complaint on a legal size paper and send it to you for your signatures. You will have to send a signed copy of the complaint to the lawyer along with the required documents
STEP 3: COMPLAINT FILING
Upon receipt of the signed copy, our lawyer shall file a Criminal Complaint in the Court
STEP 4: COMPLAINT ADMISSION DATE
We will inform you of the date on which you will have to appear before the court for admission of complaint
STEP 5: ADMISSION OF COMPLAINT
On the date fixed by the court, our lawyer will make preliminary arguments on your behalf and get the complaint admitted. The court will issue summons to the issuer of the cheque (accused)
STEP 6: APPEARANCE OF ACCUSED
The accused will appear before the court and file his written submissions

 

In case a false cheque bounce case is filed against you, you must first seek legal advice. It is important to file a reply in the Court stating your points of defense.Criminal complaint for cheque bounce can only be filed when there is an outstanding debt liability. You will have to establish that there is no outstanding payment required to be made by you. If the cheque was issued as a security deposit, gift or donation, you will be required to include this statement in your reply. You will have to disprove any obligation to pay and no outstanding financial liability..

A cheque bounce case (criminal complaint) is filed in the Court having jurisdiction over the area where the receiver of the cheque maintains their bank account.

Yes, you can recover interest and legal expenses from the issuer of the dishonored cheque. However, you will have to file a separate summary suit (civil case) to recover such amounts. These amounts cannot be recovered from the drawer of the bounced cheque in criminal proceedings initiated under Section 138 of the Negotiable Instruments Act. In a cheque bounce case (criminal complaint), the issuer/signatory of the cheque can be punished with imprisonment for a maximum term of 2 year, or with fine extending to twice the amount of the cheque, or with both.

It is difficult to state an average time for resolution of a cheque bounce case. Depending on your state and district jurisdiction, the time taken in deciding cheque bounce cases varies. Typically, it could take around 2-3 years for a cheque bounce case to be resolved.

Section 138 of the Negotiable Instruments Act, 1881 provides for the procedure to be followed in a cheque bounce criminal complaint. Upon dishonor\/ bouncing of cheque, as a first step, you have to send a demand notice to the cheque issuer to make the payment within 15 days. If they fail to make payment within 15 days of receipt of the legal notice, you can lodge a criminal complaint in the Court having jurisdiction of the area where your bank account is located. This criminal complaint must be filed within 30 days from the expiry of the 15-day time period. Once the complaint is filed, the Court will go through the documents sent and verify them. Once the court is satisfied with your complaint, the accused is summoned by the court for a hearing. If the accused doesn’t appear in court, the judge can issue a warrant against the concerned person. SukarshandAssociates has a pool of expert cheque bounce lawyers who will help you file the criminal complaint in Court and represent you in the proceedings. In case the drawer fails to make payment of cheque within 15 days of receipt of the legal notice, you may contact SukarshandAssociates for filing of criminal complaint. You have to keep in mind that timely action is essential to a cheque bounce case and the criminal complaint must be filed within 30 days from the expiry of the 15 day time period given in the legal notice.

Criminal complaint for cheque bounce can only be filed when there is an outstanding debt liability. The primary defense of the accused will be to dismiss the outstanding debt liability argument and declare the amount as a security deposit, gift or donation. In this case, the accused will want to disprove any obligation to pay and no outstanding financial liability.Once the complaint is filed, the Court will go through the documents sent and verify them. Once the court is satisfied with your complaint, the accused is summoned by the court for a hearing. If the accused doesn\u2019t appear in court, the judge can issue a warrant against the concerned person. SukarshandAssociates has a pool of expert cheque bounce lawyers who will help you file the criminal complaint in Court and represent you in the proceedings. In case the drawer fails to make payment of cheque within 15 days of receipt of the legal notice, you may contact SukarshandAssociates for filing of criminal complaint. You have to keep in mind that timely action is essential to a cheque bounce case and the criminal complaint must be filed within 30 days from the expiry of the 15 day time period given in the legal notice.

Following are some of the situations in which a cheque can bounce: Insufficient funds in the account of the person issuing the cheque Unmatching signature on the cheque Postdated cheque i.e. the date mentioned on the cheque is yet to come Stale cheque i.e. the cheque is presented to the bank 3 months after the cheque was issued When the payment is stopped- if the drawer asks the bank to stop the payment and not to pay for cheque already issued Difference in amount in words and number Disfigured or Damaged cheque- a cheque will be dishonored if it is torn, damaged or not in a good condition or has some details not clearly visible.

According to the Negotiable Instruments Act, 1881, under Section 138, issuing a bounced cheque is a criminal offence. So, if a complaint is filed in a court and the court finds merit in it, then a person can go to jail or might have to pay a hefty fine. The fine can be up to two times the cheque amount. In case the court decides on a jail time, it is generally for a period of one year, but it can be extended to two years.

If you don’t file a complaint within the stipulated 30 days, the case will lapse and you will not be able to prosecute the drawer any more. However, in case you have a genuine reason because of which you could not file the complaint in the given time, the court may grant you an extension.

The criminal complaint can be filed if the following ingredients for the offense of cheque bouncing are present:The cheque must have been issued fulfill some legally enforceable debt or any other liability. The cheque must have been presented either within a period of six months or within the period of its validity whichever is earlier. The payee is obligated to issue a legal notice in writing to the check issuer within a duration of 30 days. The issuer must have failed to pay the amount to the payee within the duration of 15 days from the date of receiving the above mentioned period.

If a company committed the offense of cheque bounce, every single individual who was involved in the discharge of liability along with the company will be parties to the offense. Hence, both individuals and the company will be served the legal notice and subsequently will be parties to the criminal complaint.