Cheque bounce is a criminal offense U/s 138 of Negotiable instrument act 1881. Cheque bounce case is also known as dishonor of cheque, there are various reasons for cheque bounce case. A cheque is a bill of exchange, it is payable on demand drawn by the applicant.
The person one who gives the cheque is a drawer and on who receives it is a drawee. The cheque is valid for three (3) months from the date of the cheque.
Here are few points from the Best Cheque Bounce Lawyers in Chennai.
The first procedure has to be followed, when the cheque has been returned, from the bank, and then formally send a legal notice to the drawer within 30 days from the cheque has been returned.
- In the legal notice, it is to be mentioned that the amount has to be paid within the time limit of 15 days from the date of legal notice received by the drawer or appropriate legal action will be taken under N.I. act.
- After sending the notice the drawer must preserve the delivery of proof.
- The drawee can file a complaint within the local jurisdiction of the court.
For registering a complaint the drawee must have all the documents
1. Cheque and cheque returned memo issued by the bank
2. Written complaint
3. Legal notice photocopy/Xerox
4. Letter of the oath/sworn affidavit
If the payment is not made by the drawer/payee then the complainant is to file a criminal case under 138 of the act. Against the drawer within the 30 days from the date of expiry of 15 days specified in the notice. After filing the complaint in the court, the court should find prima facie in the complaint, then a summons will be issued to the accused. After summons has been serviced to the accused and he abstains from appearing in the court then the court may issue a bailable warrant.
- After the appearance of the accused/ drawer then he must furnish a bail bond to ensure his appearance during trial.
- The complainant may present his evidence in the court and produce all the original documents in support of complaint.
- Accused also given an opportunity to produce his documents to give his evidence.
- The final stage of the proceedings is that of the arguments by both sides of the parties and after hearing the arguments by the court, the court will pronounce a judgment.
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