Know all about Cheque bounce & Cheque bounce lawyer in India
Have you ever received a cheque that bounced? It’s frustrating, especially when it involves a large sum of money. A cheque bounce lawyer can guide you through this tricky situation, ensuring you recover your dues efficiently.
Understanding the Problem:
In India, a bounced cheque, or cheque dishonor, is a serious offense under the Negotiable Instruments Act (NI Act), 1881. Section 138 of the NI Act makes it a criminal offense, punishable by imprisonment or a fine.
Why Does It Happen?
There are several reasons why a cheque might bounce:
- Insufficient funds in the drawer’s account
- A stop payment instruction issued by the drawer
- Technical errors such as signature mismatches
If there’s intent to defraud, you could also file a case under Section 420 of the Indian Penal Code (IPC) for cheating.
Steps to Take After a Cheque Bounce:
Dealing with a bounced cheque requires quick action. Here’s how you can handle it:
- Gather Evidence: Keep the original bounced cheque, the bank’s return memo, and any relevant communication with the drawer.
- Send a Legal Demand Notice: Within 30 days of receiving the bank’s return memo, you must send a legal demand notice through a cheque dishonor legal help professional, asking the drawer to pay.
- File a Complaint: If the drawer fails to settle within 15 days, you can file a criminal complaint under Section 138 within 30 days of the expiry of the notice period.
How a Cheque Bounce Lawyer Can Help:
A cheque bounce case lawyer can assist you in several key ways:
- Expert Advice: They understand the legal intricacies of cheque dishonor cases and provide step-by-step guidance.
- Drafting Legal Notices: Lawyers ensure your demand notice is legally sound, increasing the chances of a successful case.
- Court Representation: If the case goes to court, your lawyer will represent you, ensuring the evidence is properly presented and argued.
- Negotiation and Settlement: Sometimes, an out-of-court settlement is the best solution. Lawyers can negotiate on your behalf, saving time and court fees.
Recent Judgments:
The Supreme Court of India recently reinforced the need for swift action in cheque bounce cases. This judgment highlighted the critical role of cheque law professionals in ensuring a successful resolution.
Tips for Handling Cheque Bounce Issues:
- Maintain Sufficient Funds: Always keep enough money in your account to cover the cheque.
- Double-Check Details: Verify all details, such as the amount and signature, before issuing a cheque.
- Respond Quickly: If you receive a legal notice, respond within the stipulated time to avoid legal complications.
Outlook on Cheque Bounce Cases:
While digital payments are gaining popularity, cheque bounce issues remain prevalent. With the assistance of a dishonored cheque lawyer, you can navigate these challenges and protect your rights.
LawCrust Legal Consulting Services:
If you’re facing a cheque bounce issue, LawCrust Legal Consulting Services, a subsidiary of LawCrust Global Consulting Ltd, can help. With offices in Mumbai, Thane, Navi Mumbai, Kolkata, Bangalore, Delhi, and Dubai, we offer premium legal services in areas like Litigation Finance, Legal Protect, Litigation Management, and more.