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A cheque bounce case is brought when the person who defaults does something wrong in violation of Section 138 of the Negotiable Instruments Act. It is a type of exchange invoice that is payable upon request to the beneficiary named on the check.
Cheque Bounce Case
A bounced cheque is a grave crime under Section 138 of the Negotiable Instruments Act. Cheques are an exchange bills payable upon demand to the person identified on the back of the check. When a cheque is deemed unworthy for any reason, whether because of insufficient funds or any other error, the dispute will be deemed illegal and referred to by the term "cheque bounce. "
There are a variety of reasons the cheque could be dishonored and be subject to a lawsuit. A lack of amount of money in an account could make the check bounce, and there could have an error on the clerical side when making the necessary information available. Additionally, there could exist issues regarding the authenticity of the cheque or with fraud. the dispute may cause issues for both the bank and consumer.
Whatever the reason for why a check was smuggled out, regardless of the reason, it's important to be aware of your rights under the law and obligations regarding cheques. In the event that you've experienced a check that bounced or are concerned, you could be liable for wrongful dishonor. If that is the scenario, it's essential seeking legal counsel for the appropriate steps to take. By having a strong legal representation at your side, you'll be able to assist in ensuring that your rights are secured, and justice is done.
Filling Cheque Bounce Representations against defaulter
A person or company that issues the cheque is known as a drawer. Those who are the recipients of it are an emcee. The check is valid for 3 (3) months after the date on which it was issued. Below are some points that are from the Aran Law Firm, the Cheque Bounce Lawyers in Chennai.
Procedures to file a claim of a bounced cheque
If the cheque issued by the Debtor gets returned by the bank, the person who wrote the check has to notify the person who issued the cheque within 30 days from the day the check was returned. Keep the note received from the bank stating details of the reason behind the check's bounce (vital documentation to file in the event of a court case)
Following the receipt of a bounced check, the drawer or his attorney must notify the person who wrote the cheque within 30 days after the cheque's return.
In the correspondence or Legal Notice, needs necessary to state that the balance must pay within the period of 15 days starting from the date the Legal Notice that the drawer received or the appropriate legal action can be initiated under the N.I. Act.
Once the notice has been sent to the other party, the drawer is required to keep the proof of delivery.
In the event that the Debtor (Issuer of the check) continues to fail or refuses to make payment. If that happens, the person who issued the cheque can make an action before the correct authority with all documents presented to the judge.
Documents to be submitted to the judge
Cheque, together with the return memo of the bank, along with the reasons for dishonoring the check
The matter is brought before the judge in a judicial proceeding under the rules in the Code of Criminal Procedure
Photocopy of the Legal Notice
Documents proving the authenticity of the transaction (promissory bills, invoices, invoice bills, etc.)
Bank Statement to facilitate the transfer of funds in the event of promissory notes
Affidavit of the Complainant
A Legal Notice was sent to the debtor.
Reaction Notices received, if applicable.
Cheque Bounce Case Procedures in the Court
If the complaint is filed successfully, the complaint and the complaint is accepted, the court will decide on the issue. If the court decides that the complaint is the appearance of a valid case, then the person who filed it will be served an order to appear in court.
Following receipt of the summons, The accused is required to be present before the judge, and the judge will either approve or deny the claim.
If the suspect persists in absconding. In this case, the judge may issue a bailable summons on an initial instance as well as an arrest warrant that is not bailable to the defendant if they are unable to defy the summons of the court.
When the accused appears before the judge is completed, the accused will be provided with copies of the documents and will be allowed to argue the trial.
Sometimes, the court will suggest that the parties settle any dispute in a peaceful manner prior to the Lok Adalat.
If there is no agreement in the event of no settlement, the complainant will be required to show all original copies of documents and witnesses to court for the support of the complaint that was filed with the court.
The accused will also be permitted to present his argument.
Both the complainant and accused will be subjected to cross-examination and the chief by their counsel.
The court will consider the arguments of counsel before deciding its verdict.
We cater to the needs of our clients throughout the entire criminal justice system and can represent them at any time they require. We are available for immediate assistance or direction.
Disclaimer to Legal: The information provided on this blog is for general information purposes and for educational reasons solely. The information contained in this blog post is not intended to be taken as legal advice by the Aran Law Firm or the author in any way, nor is it meant to serve as an alternative to legal advice regarding any topic.
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