The meaning of Cheque Bounce

Cheque bounce occurs when a bank refuses payment, through cheque or dishonours a cheque. Under section 138 of the negotiable instrument act 1881 Cheque bounce is a cognizable crime, this offence leads to the imprisonment of more than two years or paying of the compensation. Punishment can be both in some of the cases.

The causes to considering a Cheque Bounce

  • If a cheque has insufficient balance it can be refused by the bank.
  • if the account of the person paying the amount is empty the bank can dishonour the cheque.
  • The cheque can bounce if it is post-dated.
  • Then it is treated as an offence in the eyes of the law that causes serious actions taken towards the person approving the cheque.

The requirements for taking legal actions in Cheque Bounce case

Under the section,138 these circumstances should be comprehended to begin the lawsuit:

  • Before a period three months the dismissed cheque is expected to be presented in the court, to imply the validity of the cheque. The validity of the cheques used to be six months but now, it is for three months.
  • The payee should have demanded the payment from the payer through a notice.
  • The payer must have failed to pay the money back in 30 days.

In case all these circumstances are fulfilled the prosecution can begin against the payer.

The Sending of a notice

Through sending a notice to the person liable of paying the amount within 30 days after cheque bounce the person who is getting the payment needs to demand the payment .To acknowledge the payer about the insufficiency of repayment the person getting affected by not getting the payment needs to send a notice under section 138. It is mandatory to repay the amount as soon as possible as the notice is received by the payer, otherwise, the payee can take the matter to the court.

When the case begins

It can be considered a criminal liability under section 138 If the payer did not repay the amount even after the 30 days’ notice. Look for top criminal lawyers in Delhi to begin you case

The legal procedure for Cheque Bounce case

After finding top criminal lawyers in Delhi to begin you case, both the payee and payer need to present themselves in the court after filing the complaint. In case the payer is found guilty charges with the monetary punishments will be applied to the payer, it can be twice as the amount of the cheque or the court can issue imprisonment for 2 years or more.

What to do when you get a notice

In regard with cheque bounce if you ever get a notice, you will be considered as the payer. You need to reply within 15 days with a cheque in favour of the payee, after the receiving of the notice. The reply needs to be sent including the reason for the dishonour of the cheque.

Legal claims can be taken against you if you do not file a reply in the given period.

when to consider cheque bounce claims?

You take Cheque bounce claims to any local jurisdictions according to the amendable act 2015. You can take the claims to any local jurisdiction.

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