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What is Cheque Bounce Complaint?
In case a cheque is dishonored, if there is no payment made by the debtor within 15 days of sending legal notice, you need to file a criminal complaint us 138 of Negotiable Instrument Act in concerned Court of law to recover the cheque amount. Taxhub will help you draft and file the cheque bounce case through an expert cheque bounce lawyer.
In a cheque bounce case, a legal notice needs to be sent first before filing of the complaint.
What Is Cheque?
A Cheque is a “bill of exchange” payable on demand. The issuer of the cheque is known as ‘drawer’ whereas in whose favor the cheque is issued is known as ‘drawee’.
Cheques are used in almost all transactions such as re-payment of loan, payment of salary, bills, fees, etc. Nevertheless, cheques remain a reliable method of payment for many people. On the other hand, it is always advisable to issue crossed “Account Payee Only” cheques in order to avoid its misuse.
Procedure of filing Cheque Bounce Complaint
Following are the steps which need to be followed for filing cheque bounce complaint
• Send a Legal Notice to the maker of the cheque
Before filing a suit against the drawer, a legal notice/demand letter must be sent to him. The notice must be sent within 30 days from the date on which the bank returns the cheque along with the information that the cheque is dishonoured. You can take assistance from a lawyer to draft the legal notice in such a case.
• Filing a complaint with concerned court of Law.
If the drawer does not make the payment within 15 days from the date on which the notice has been sent to him, then the payee can initiate legal action against such person within 30 days from the date of expiry of the 15 days period provided to the drawer.
Basic Documents Required for Cheque Bounce Compliant
• Original Cheque
• Copy of Legal Notice along with Speed Post Receipts.
• Original Return Memo/ Debit Memo issued by the Bank.
• Any other document related to the alleged transaction.
Limitation in Timeline in a Cheque Bounce Cases.
1. The legal notice must be sent within 30 days from the date of bouncing of the cheque.
2. The legal notice provides the cheque issuer 15 days from the date of receipt of notice to make the payment
3. In case the drawer fails to pay within 15 days, then a criminal complaint is to be filed in the Court within 30 days from the expiry of the 15 days.
2,999/-
All Inclusive Fees
| Consultancy and Briefing of Facts |
| Drafting of Cheque Bounce Notice |
9,999/-
All Inclusive Fees
| Consultancy and Briefing of Facts |
| Drafting of Cheque Bounce Notice |
| Drafting of Case & Filing before the court of Law |
24,999/-
All Inclusive Fees
| Consultancy and Briefing of Facts |
| Drafting of Cheque Bounce Notice |
| Drafting of Case & Filing before the court of Law |
| Appearing Before the court for hearing of matter |
| Customized package available for per hearing assignments. |
Basic Things to know about Cheque Bounce
The maximum imprisonment to the accused in a cheque bounce case is 3 Years along with fine that can be extend to twice the amount of Cheque.
A case under section 138 of the Negotiable Instrument Act can be filed within 30 days from the expiry of 15 days period from which the notice has been served to the drawer. i.e. 45 days from the date on which notice has been served
If the time for filing a case under section 138 is expired, then another remedy available in such a case is to file a summary suit for recovery of money or initiate criminal proceedings under section 420 of IPC against the drawer within 3 years from the date on which the cheque is issued.
You need to know to address of the drawer for serving legal notice to him, in case you do not have any information regarding his current address then you can serve the legal notice to the last known address.
The average time for resolution of a cheque bounce case depends on the district court you are filing your case before. The case load and infrastructure a court has, are factors to consider. A cheque bounce case will realistically take you anywhere from 1 to 2.5 years to conclude.
According to the Negotiable Instrument (Amendment) Act, 2015, a cheque bounce case can be filed in a court within whose local limit of jurisdiction is the bank to which the cheque is presented is situated.
Shares of a company are movable property and thus can be transferred like any other property. A public company can freely transfer its shares, but there are some restrictions.
The goods and services tax (GST) is a value-added tax levied on most goods and services sold for domestic consumption. The GST is paid by consumers, but it is remitted.
