Cheque Bounce Case Service

A cheque bounce is a criminal offense under Section 138 of the Negotiable Instruments Act, 1881. Also known as dishonor of cheque, this offense can arise due to various reasons. A cheque is considered a bill of exchange, payable on demand and drawn by the account holder. Failure to honor the cheque constitutes an offense under the law, and legal action can be initiated against the drawer.
The person who issues the cheque is called the drawer, while the person receiving it is called the payee or drawee. A cheque remains valid for three (3) months from the date of issuance.
Here are few points from the Best Cheque Bounce Lawyers in Pudukkottai.
The first step in a cheque bounce case is to confirm that the cheque has been returned by the bank. Thereafter, a formal legal notice must be sent to the drawer within 30 days from the date of the cheque’s return.
- The legal notice must clearly state that the cheque amount should be paid within 15 days from the date the notice is received by the drawer. Failure to comply will result in appropriate legal action being initiated under the Negotiable Instruments 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 drawer fails to make the payment within the 15-day period mentioned in the legal notice, the complainant can file a criminal case under Section 138 of the Negotiable Instruments Act within 30 days from the expiry of that period. Upon filing the complaint, the court examines it for a prima facie case. If satisfied, the court issues a summons to the accused. If the accused fails to appear after being served the summons, the court may issue a bailable warrant against them.
- 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 involves arguments from both parties. After hearing these arguments, the court will pronounce its judgment.
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