How can I file a case against a bounced cheque in India?
If the cheque issuer fails to make a fresh payment within 30 days of receiving the notice, the payee has the right to file a criminal complaint under Section 138 of the Negotiable Instruments Act. However, the complaint should be registered in a magistrate’s court within a month of the expiry of the notice period.
What is the punishment for check bounce case in India?
The punishment for cheque bounce is imprisonment for a term not more than two years or a fine that can extend to twice the amount of the cheque or both. A civil suit can also be instituted against the drawer to pay the cheque amount.
What is Section 138 for cheque bouncing?
Section 138 Of The Negotiable Instruments Act It provides that where a person draws a cheque on an account maintained by him for the payment of money to another person, and it is returned by the bank unpaid because of insufficient funds to honour the cheque, the drawer of the cheque commits an offence.
Is cheque bounce a criminal offence in India?
If a cheque is bounced citing insufficient funds in bank account, it is a criminal offence and the payee – the person or the bank – can file a complaint under Section 138 of the Negotiable Instruments Act.
How do you put a case against a bounced cheque?
Once the cheque has been returned by the bank, then before filing a legal complaint against the drawer, you must, with the help of acheque bounce lawyer,first send a demand letter/ legal notice to such drawer within a period of 30 days from the date the cheque has been returned to you by the bank.
Is cheque bounce case non bailable offence?
First of all it’s illegal to give cheque of any others account without his/her knowledge. Bail in cheque bounce is a matter of right of the accused as it’s a bailable offence. So you have to give an bail application through your advocate and have to give security as per the orders of the judicial magistrate.
Can FIR be lodged for cheque bounce?
Answers (4) FIR can be lodged for the same for fraudulent act. But when were these two cheques issued to you by accused. If they were issued recently and the account was closed in 2011, then go for cheque bouncing case, that will be easier to file.
How do you escape a cheque bounce case?
File a counter case: If the person files a false cheque bounce case against you in the court, you can file a reply to the case through a lawyer for cheque bounce case near you. You can also file a counter file of cheque against the person for filing a false cheque bounce case against you.
Is cheque bounce a bailable offence?
No. A Magistrate can take cognizance of an offence of dishounour of Cheques under Section 138 of the NI Act only on a Complaint from the holder in due course (in this case the person in whose favour the cheque was drawn). Hence, there is no question of any police investigation.
How do I settle a cheque bounce case?
How long it takes for cheque bounce case?
A Cheque bounce case normally takes an average of one year to complete the proceedings before trial court. The following are the important stages in a cheque bounce case. 1) Filing of complaint: The complaint needs to be filed before the jurisdictional magistrate within 30 days from the accrual of the cause of action.
Which court can grant anticipatory bail?
When a person has reason to believe that he may be arrested on the accusation of committing a non-bailable offence then he can move to High Court or the Court of Session u/s 438 of CrPC for anticipatory bail.
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