Cheque bounce hua hai .aage iska procedure kya hai

660 votes

Yes, a cheque bounce case can be initiated for recovery of the cheque amount. Where a cheque issued towards a legally enforceable debt or liability is dishonoured, the payee may initiate proceedings under Section 138 of the Negotiable Instruments Act, 1881, after issuing a statutory legal demand notice within the prescribed time limit. The Court may also award interim compensation of up to 20% of the cheque amount under Section 143A of the NI Act, subject to fulfilment of the applicable legal requirements. However, recovery is not automatic and is contingent upon the facts, circumstances, and evidence of each case. Depending on the situation, other civil or legal remedies for recovery may also be available. Key documents generally include the original cheque, bank return memo, statutory legal notice, proof of service of notice, and documents establishing the underlying liability.

Advocate Madhumita Chand LawRato

601 votes

Cheque Bounce Case – Legal Position If you have a valid cheque issued by the opposite party towards a legally enforceable debt or liability, and the cheque has been dishonoured by the bank, you can initiate proceedings under Section 138 of the Negotiable Instruments Act, 1881, subject to complying with the statutory requirements and limitation periods. The usual procedure is: 1. Obtain the bank’s cheque-return/dishonour memo. 2. Issue a statutory legal notice to the drawer of the cheque within the prescribed period. 3. Give the drawer the statutory period to make payment after receiving the notice. 4. If payment is not made within that period, file the cheque-bounce complaint before the competent Magistrate within the prescribed limitation. 5. During the proceedings, the Court may award appropriate compensation in accordance with law. However, filing a cheque-bounce case does not automatically guarantee immediate recovery of the entire cheque amount. The case has to be properly established, including the existence of the cheque, its dishonour, legally enforceable debt/liability, proper statutory notice and compliance with the prescribed timelines. Therefore, before filing, I will examine the original cheque, bank return memo, underlying transaction/debt, invoices or agreements, payment records, correspondence and notice details and advise you regarding the appropriate legal remedy. If the documents establish the liability, we can proceed legally for recovery/compensation through the cheque-bounce proceedings and take appropriate additional recovery measures wherever legally available.

Advocate Sai Kumar Srirangam LawRato