What to do after a cheque bounces or Proceedings
After the cheque is bounced,
you are required to give legal notice
to the guilty party within 30 days of the cheque being bounced,
you can send a legal notice to the
guilty party yourself or through your lawyer, this legal notice is a speed post or Can also be sent through courier
service. In the notice, you have to write, when and for what reason you took
this cheque. And it is the
responsibility of the guilty party to give the money written on it. Also, in the
end, you can get the amount written back in a cheque
from the guilty party within 15 days after giving notice. And not only the
amount is written in the cheque, but also you can get the proper cost for sending
the legal notice.
After receiving the legal notice, In the case of cheque bounce.
In the case of cheque bounce, after sending the legal notice, the day the notice is received by the guilty party,
or if it comes back to you without any reason, then between that day to the
next 15 days, the guilty party will never leave your She can refund Rs. If the
guilty party does not return your money within 15 days, then the “creditor
can file a criminal complaint under section 138 of the Negotiable Instruments Act, 1881, according to which you will have
the court over the guilty party within the next 30 days. You can also do a case
of bouncing the cheque and not
returning the money on time. This means you have a total of 45 days, out of which
you can file a case in court in the last 30 days.
Cheque Bounce: Documents useful for filing a case
While filing the case in
the court, you must put these documents in the case
1. Your cheque that has bounced
2. Slip to be filled at the
time of putting the cheque in the bank
3. Cheque bounce slip (with bank stamp and signature)
4. For legal notice and its
postal slip-proof that your notice was received by the guilty party, if the
notice was not received, what were the reasons for that
5. If you have received any
reply to your legal notice by the
guilty party, then reply to it
6. Apart from this, any
agreement that has happened between you, or any other document related to this
transaction etc.
In case of cheque bounce, the following cases can be done
Civil
litigation (civil case)
With the help of section 37 of
the Code of Civil Procedure, 1908, you can file a civil case on the guilty
party after the cheque bounces, in
the civil case, it is relaxed, that the case ends in just 4 dates. , And the
court gets you your money along with interest on these 4 dates. But in this,
you have to pay court fees according to the amount of your cheque, which is slightly more than normal. Although you get these
fees back on winning the case, but most people file less of a civil case
because of this fee.
Criminal Case
F. F. Criminal Case in Police
I.R. Can also be done by For this, if you want, against the convict, with the
the help of Section 420 of the Indian Penal Code, 1872, F.P. I.R. Can,
but the police are quick in such cases. I.R. She does not, instead, she asks to
put a cheque bouncing case, but to
pressurize the guilty party, F. I.R. Can get it done.
Why a lawyer is needed in a cheque bounce case?
In India, there are also very
strict laws for cheque bounce, a
a person can also be punished by the court if there is an excess of cheque bounce. If a person makes
payment to another person through a cheque for any payment, and if there is not
sufficient amount in the account of the person making the payment, then that cheque is not paid from the bank, such
a cheque Is said to be bounced. If the cheque
bounces, only a lawyer can protect you to avoid legal proceedings in such a situation, because the lawyer has
proper knowledge of the law, and can also give you proper advice. But the thing
to keep in mind when appointing a lawyer for your case is that the lawyer we
are appointing for our case should be a skilled lawyer in his area, and that
the lawyer should be concerned with a cheque
bounce There should be proper handling of cases, which can increase your
chances of winning your case even further.