Expert Cheque Bounce Lawyers | Procedure Of Cheque Bounce Case

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3. Cheque Bounce ‘Cheque Bounce’- The bouncing of cheques mean that upon presentation such a cheque is not honoured, in other words the amount that was promised to the payee is not fulfilled by the drawer. The bouncing of cheque is a criminal offence in India.

4. What are the Documents required for filing a complaint under section 138: Below are the required documents: Bounced/DishonouredCheques Bank Return Memo Legal Notice(demand) sent to the complainant Reply Notice (if any) Postal Receipts These all are the mandatory documents which you required for filing a complaint under section 138. Once you provide all these documents, the legal expert then draft a complaint about you and attach certain other documents like evidence affidavit, Vakalatnama etc. Once the entire bundle is ready the case is filed.

5. Reasons for cheque bounce Below are some of the reasons for cheque bounce: Insufficient funds Signature not matching  Overwriting in cheque Cheque was presented after the lapse of the period Account was closed Payment stopped by the person who gave the cheque Mismatch in the account number. Legal Remedy if a cheque has bounced The legal remedy when a cheque has bounced is provided under the Negotiable Instruments Act, 1881. Section 138 of the Act states that cheque bouncing is a criminal offence which is punishable with up to 2 years’ imprisonment or with fine or both combined.  

6. Fees for filing a complaint under Sec 138 of Negotiable Instrument Act 1881 The Court fees differ from state to state and depending upon the amount of the cheque against which the complaint is being filed. For claim value Rs 1,00,000 onwards the fees increases at Rs 200 for every Rs 10,000 or part thereof up to Rs 11,00,000 and over Rs. 11,00,000 @ Rs 1200 for every Rs 1,00,000 or part thereof up to a maximum fee of Rs 3,00,000. 

7. Procedure for Section 138 of the Negotiable Instruments Act When a cheque has bounced you may either contact the other person if you are absolutely sure that they may honour the cheque or you can send a legal notice to the person who issued you that cheque demanding to make the payment. However, it is to be noted that the period of limitation for sending such a notice is 30 days from the date on which such a cheque was bounced. Once the notice has been sent and received by the other party as per the provision 15 days’ time is provided to the other person to reply. If there is no reply from the other party then the final stage is initiated i.e. to file a complaint. There is again a time limit of further 30 days in which you need to file the complaint.

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