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Cheque Bounce Complaint

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Cheque Bounce Complaint

Get prompt legal advice in cheque bounce cases from our experienced lawyer. We contest/defend any cheque bounce case efficiently at an affordable price.

Features

  • First Demand Notice
  • Settlement try before filing complaint
  • Complaint Filing if case not settled
  • Trial and Hearing
  • and final judgment…

Payments

You need to require to pay 100% of the search fee to start of the work.

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What is it?

Cheque Bounce is a criminal offense u/s 138 of the Negotiable Instrument Act. In case of a dishonored cheque, first, you need to send legal notice demanding therein cheque amount. If there is no payment within 15 days from receipt of a legal notice, then you need to file a criminal complaint in the appropriate Court. And recover the amount and that will be called a Cheque Bounce Complaint.

In a cheque bounce case, a legal notice needs to be sent first before filing the complaint. Timelines in a Cheque Bounce case :

  • The legal notice must be sent within 30 days from the date of bouncing of the cheque.
  • It provides the cheque issuer 15 days from the date of receipt of the notice to make the payment.
  • 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.

What we do offer?

We contest and also defend all types of cheque bounce complaints. In case a false cheque bounce case is filed against you, you must first seek legal advice. It is important to file a reply in the Court stating your points of defense. 

While contesting, a cheque bounce case (criminal complaint) is to be filed in the Court having jurisdiction over the area where the receiver of the cheque maintains their bank account. Section 138 of the Negotiable Instruments Act, provides for the procedure to be followed in a cheque bounce criminal complaint. Upon dishonor of the cheque, firstly, you have to send a demand notice to the cheque issuer. And ask them to make the payment within 15 days. If they fail to make payment within 15 days of receipt of the legal notice; You can lodge a criminal complaint in the appropriate Court

  • Required Documents
  • Original postal receipt of notice sent to Accused.
  • Photocopy of the legal notice.
  • Original bank return memo (communication from the bank of bouncing of the cheque).
  • Original cheque.
  • Address proof of you (photocopy of any of the documents viz. passport, voter id card, Aadhar card, driving license).
  • Passport-size photographs.
  • Relevant documents were suggested at the time of consultation by the Lawyer.

Procedure is hassel-free!

Initialization

Details Analysis: After finalization of service, you have to provide all necessary and relevant details as per procedure viz. cheque and invoice/bill, etc.

First Stage

Processing

Drafting of First Legal Notice: After analysis of details obtained from you, the lawyer will draft the first legal notice to the Opponent and share the same with you for review and approval, which you have to read carefully and approve for further procedure. After approval from you, the lawyer will send a final copy of the notice on letterhead to you for signature. You have to complete this process at the earliest by considering the timeline period as per above mentioned.

Sending First Legal Notice: After obtaining a signed copy of the notice the same will be sent to the Opponent on behalf of you. After waiting for the appropriate time if the Opponent failed to make payment further procedures will consult you.

Drafting of Complaint: As per instruction from you after consultation and details obtained from you, the lawyer will draft the Complaint and share the same with you for review and approval.

Approval for Complaint Filing: After your approval, the lawyer will print the complaint and send it to you for your signatures. You will have to send a signed copy of the complaint to the lawyer along with the required documents within the time limit.

Second Stage

Finalization

Filing of Complaint: After receiving of signed Complaint copy and all relevant documents, the same will be filled in the appropriate Court.

Admission of Complaint: We will inform you of the date on which you will have to appear before the Court for admission of the complaint. On the date fixed by the Court, the lawyer will make preliminary arguments on your behalf and get the complaint admitted. The Court will issue a summons to the issuer of the cheque (Accused) as deemed fit.

The appearance of the Accused: After issuing of summons to the Accused, he/she will appear before the court and file his/her written submissions.

Trial and Hearing: The Court will conduct the criminal trial in the matter which will consist of verification of documents, examination of witnesses and arguments, etc. as per procedure u/s 138 of the NI Act.

Judgment: Decision by the Court by delivering a judgment.

Third Stage
  • FAQs
How to protect yourself against a false cheque bounce case?
In case a false cheque bounce case is filed against you, you must first seek legal advice. It is important to file a reply in the Court stating your points of defense.A criminal complaint for cheque bounce can only be filed when there is an outstanding debt liability. You will have to establish that there is no outstanding payment required to be made by you. If the cheque was issued as a security deposit, gift, or donation, you will be required to include this statement in your reply. You will have to disprove any obligation to pay and have no outstanding financial liability.
Which court should I approach for filing a cheque bounce case?
A cheque bounce case (criminal complaint) is filed in the Court having jurisdiction over the area where the receiver of the cheque maintains their bank account.
Can I recover interest and legal expenses from the drawer of the dishonoured cheque?
Yes, you can recover interest and legal expenses from the issuer of the dishonoured cheque.However, you will have to file a separate summary suit (civil case) to recover such amounts. These amounts cannot be recovered from the drawer of the bounced cheque in criminal proceedings initiated under Section 138 of the Negotiable Instruments Act.In a cheque bounce case (criminal complaint), the issuer/signatory of the cheque can be punished with imprisonment for a maximum term of 2 year, or with fine extending to twice the amount of the cheque, or with both
What is the average time in which a cheque bounce case is resolved?
It is difficult to state an average time for resolution of a cheque bounce case. Depending on your state and district jurisdiction, the time taken in deciding cheque bounce cases varies.
What is the procedure in a cheque bounce case?
Section 138 of the Negotiable Instruments Act, 1881 provides for the procedure to be followed in a cheque bounce criminal complaint. Upon dishonour/ bouncing of cheque, as a first step, you have to send a demand notice to the cheque issuer to make the payment within 15 days. If they fail to make payment within 15 days of receipt of the legal notice, you can lodge a criminal complaint in the Court having jurisdiction of the area where your bank account is located. This criminal complaint must be filed within 30 days from the expiry of the 15-day time period.Once the complaint is filed, the Court will go through the documents sent and verify them. Once the court is satisfied with your complaint, the accused is summoned by the court for a hearing. If the accused doesn't appear in court, the judge can issue a warrant against the concerned person.We have expert cheque bounce lawyers who will help you file the criminal complaint in Court and represent you in the proceedings. In case the drawer fails to make payment of cheque within 15 days of receipt of the legal notice, you may contact to us for filing of criminal complaint. You have to keep in mind that timely action is essential to a cheque bounce case and the criminal complaint must be filed within 30 days from the expiry of the 15 day time period given in the legal notice.For more details, or any queries, please contact our Lawyer now by filling following contact form. We will always happy to help you.
What are the defences that the accused is likely to take in a cheque bounce case?
Criminal complaint for cheque bounce can only be filed when there is an outstanding debt liability. The primary defence of the accused will be to dismiss the outstanding debt liability argument and declare the amount as a security deposit, gift or donation. In this case, the accused will want to disprove any obligation to pay and no outstanding financial liability.
What is the penalty/ punishment that can be imposed on the cheque issuer in a Cheque Bounce Case?
According to the Negotiable Instruments Act, 1881, under Section 138, issuing a bounced cheque is a criminal offence. So, if a complaint is filed in a court and the court finds merit in it, then a person can go to jail or might have to pay a hefty fine. The fine can be up to two times the cheque amount. In case the court decides on a jail time, it is generally for a period of one year, but it can be extended to two years.

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