Cheque Bounce Cases in Indore
Cheque bounce which comes under Section 138 Negotiable Instruments Act, which is not a criminal offence but can lead to criminal. In case of cheque bounce, you would need a banking lawyer in Indore (cheque bounce lawyer Indore) to serve the legal notice to the opposite party.
Process of cheque bounce case
a) If a cheque is bounced, a notice has to be sent to the opposite party within 30 days from the date of memo accompanying the bounced cheque is received from the Bank.
b) The notice by the holder of the cheque should claim the amount for which the cheque has been bounced, providing 15 days to settle the matter.
c) The opposite party has 15 days from the receipt of the notice to settle the matter and no cause of action arises till the expiry of these 15 days or if paid within this specified period.
d) After the completion of said 15 days, if the opposite party does not settle the matter or ignores the notice, then the holder of the cheque may file a criminal complaint before the appropriate court within 30 days of the expiry of said 15 days.
e) If it is beyond 30 days period, the delay can be ignored by the court on sufficient cause being shown.
Cheque dishonoring disputes Remedies
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Cheque bounce is a criminal matter and is tried under section 138 of Negotiable instruments act, 1881. The dishonor of Cheque is a criminal offence and is punishable by imprisonment up to two years or with monetary penalty or with both. It takes at least 12 to 18 months for the case to be resolved if one decides to take legal action.
Once you meet a lawyer to represent your case, it begins by sending a Legal Notice to the drawer within 30 days from the Cheque bounce date which clearly mentions that the Cheque amount has to be paid to the payee within 15 days from the date of receipt of the notice by the drawer.
Our professional lawyer in Indore will help the clients for proper guidance and legal support for filing the cases in appropriate jurisdiction of courts.