First thing to do in a cheque bounce case.
First thing to do in a cheque bounce case.
In a cheque bounce case, the first step to take is to understand the legal recourse available to you under Indian law. Here’s a detailed guide on what to do:
1. Verify the Bounced Cheque: The first thing to do is to confirm that the cheque indeed bounced. You can do this by checking with your bank or by receiving a formal notice from the bank stating the reason for the bounce.
2. Communicate with the Issuer: Reach out to the issuer of the bounced cheque immediately. Often, cheques bounce due to genuine errors or insufficient funds. Inform the issuer about the bounced cheque and request them to make the payment or issue a new cheque.
3. Send a Legal Notice: If the issuer fails to respond or refuses to make the payment, the next step is to send a legal notice. Under Section 138 of the Negotiable Instruments Act, 1881, you can send a legal notice to the issuer demanding the payment of the bounced cheque amount within 15 days from the receipt of the notice.
4. Drafting the Legal Notice: The legal notice should include details such as the cheque number, date, amount, and the reason for the bounce. It should also specify that legal action will be taken if the payment is not made within the stipulated time.
5. Consultation with a Lawyer: It’s advisable to seek guidance from a lawyer experienced in cheque bounce cases. They can assist you in drafting the legal notice accurately and advise you on further legal proceedings.
6. Filing a Complaint: If the issuer fails to comply with the legal notice and make the payment within the specified time, you can proceed to file a complaint before the appropriate court. The complaint should be filed within one month from the expiry of the notice period.
7. Court Proceedings: Once the complaint is filed, the court will issue summons to the issuer. Both parties will be given an opportunity to present their case and provide evidence. If the issuer is found guilty, they may be liable for penalty or imprisonment as per the provisions of the Negotiable Instruments Act.
8. Appeal: In case of an unfavorable judgment, either party has the right to appeal to a higher court.
Remember, each case may have its own complexities, so it’s essential to seek legal advice and follow the due process diligently. Taking prompt action and adhering to legal procedures is crucial for a successful resolution in a cheque bounce case. The first thing to do in a cheque bounce case is to verify the bounced cheque and communicate with the issuer.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304
