Documents Required to File a Cheque Bounce Case
Documents Required to File a Cheque Bounce Case
Filing a cheque bounce case requires specific documents to support your claim and provide evidence of the dishonored cheque and subsequent legal proceedings. Here is a step-by-step elaboration of the documents required to file a cheque bounce case:
Step 1: Original Cheque
Retain the original dishonored cheque as it serves as a crucial piece of evidence in the case. Ensure that the cheque is intact and not tampered with.
Step 2: Copy of Dishonor Memo
Obtain a copy of the dishonor memo or notice received from the bank. This document states the reason for the dishonor and is essential to establish the non-payment by the drawer.
Step 3: Notice of Demand
Keep a copy of the notice of demand sent to the drawer as proof that a legal notice was served within the stipulated time frame. This notice should include details such as the name and address of the drawer, date and amount of the dishonored cheque, reason for dishonor, and a demand for payment within the specified notice period.
Step 4: Acknowledgment of Notice
Maintain a copy of the acknowledgment receipt or proof of delivery for the notice sent to the drawer. This serves as evidence that the notice was received by the drawer.
Step 5: Postal/Courier Receipt
Retain the receipt of the registered post or courier service used to send the notice. This receipt confirms the dispatch of the notice to the drawer’s address.
Step 6: Affidavit of Evidence
Prepare an affidavit of evidence, which is a sworn statement narrating the facts of the case and supporting your claim. The affidavit should include details such as the transaction leading to the issuance of the cheque, attempts to deposit the cheque, subsequent dishonor, and the impact of the dishonored cheque on your financial situation.
Step 7: Bank Statement
Obtain a copy of your bank statement reflecting the deposit of the cheque, the subsequent dishonor, and any communication received from the bank regarding the dishonored cheque. The bank statement serves as documentary evidence to substantiate your claim.
Step 8: Proof of Service
If the notice was served through registered post or courier, keep the receipt or delivery acknowledgment as proof of service. If the notice was served by hand delivery, ensure that the drawer signs an acknowledgment receipt to acknowledge receipt of the notice.
Step 9: Copies of Correspondence
If there have been any communications between you and the drawer regarding the dishonored cheque or attempts to settle the matter amicably, maintain copies of such correspondence. This includes letters, emails, text messages, or any other form of communication.
Step 10: Copy of Return Memo (if applicable)
In case the notice sent to the drawer is returned undelivered, keep a copy of the return memo as proof of the unsuccessful attempt to deliver the notice.
Step 11: Power of Attorney (if applicable)
If you are appointing a lawyer or legal representative to handle the case on your behalf, prepare a power of attorney document granting them the authority to act on your behalf.
It is essential to consult with a legal professional or seek expert advice specific to your jurisdiction to ensure you have all the necessary documents required to file a cheque bounce case in Indore. The documentation process may vary depending on the local laws and court requirements.
