What is the procedure for cheque bounce

611 votes

Sir there is a procedure for getting back Ur money from the person by filling a complaint in court by a process whenever Ur cheque is dishonoured what we call Bounce you have to send a legal notice through Ur advocate to that person by giving him 15 days of time to make payment and if then also he didn't make payment then u can file a complaint case against that person in court within 30days from the completion of 15 days of legal notice for more information contact and provide Ur complete details of Ur case so that can help u Better in it.

Advocate Saajan Rathi LawRato

570 votes

You can send a legal notice under section 138 for dishonour of cheque and initiate proceedings with respect to the same. This is a summary procedure so there are not many complications involved for the complainant. You can also initiate separate proceedings for refund of your money. However the facts and circumstances of the case have to be studied properly before initiating the proceedings to mitigate the chances of dismissal of the complaint

Advocate Aditya Gupta LawRato

959 votes

Kindly arrange your appointment letter & all documentary evidence whereby your employer was black listed . So that method for your safety before court of law can be evaluated. . .

Advocate Ramniranjan Chaturvedi LawRato

712 votes

If u will not pay money they will file a case in 138 and all your details which you are giving have to prove in the court and now you have no other option left u need to fight against ur case in court you need to conslaut to an advocate if u are from bhopal you can contact me.

Advocate Mayank Manghwani LawRato

539 votes

If you want complete legal advice kindly share entire details of the case. So that exact opinion can be given. Your case at evidence stage so be careful while putting your evidence. .

Advocate Ramniranjan Chaturvedi LawRato

666 votes

No issue legal notice to drawee thereafter, after receipt of drawee wait for 15 days from the receipt of notice to drawee. If drawee failed to payment of dishonour cheque within 15 days from the receipt of notice then filed complaint

Advocate Manmohan Bhutada LawRato

981 votes

As cheque is bounced now you have to send legal notice within a months and thereafter within 45 days you have to file cheque bounce case u/s 138 of Negotiable Instrument act. For further info contact me

Advocate Shashi Chaturvedi LawRato

557 votes

If amount is too much then u can simply told him firstly if he not understand then u can send a legal notice to him and give him 15days time to return your money if he not done then u have right to approach to the court and file a case against him u/s 138 of negotiable instrument Act.

Advocate Sushama Mohan LawRato

765 votes

Hii..
Firstly u report to the police station. That u hold a cheque frome your customer and it would be bounced and u have no information about your customer then police will help u to find out such customer 4th hen u can proceed further.

Advocate Sushama Mohan LawRato

579 votes

Dear client first u have to send legal notice through lawyer within 30 days from cheque bounce date to other party. If other party not paid money then file case under Sec 138 of n I act. For any legal help call me

Adv Prasad Patil

Pune

LawRato LawRato

679 votes

Dear client u have to send legal notice through lawyer within 30 days from cheque bounce date. After service of notice u have to file case under Sec 138 of n I act in court. U can mention his last known address

Adv Prasad Patil

Pune

LawRato LawRato

872 votes

Sir,

please note that neither the EOW nor the police will entertain your complaint. you need to issue a legal notice and thereafter if the party is not settling the matter, you may file a private complaint in the concerned court.

Advocate Amit R Kukreja LawRato

875 votes

First approach the bank of that customers who issue you cheque of Rs. 72k and 50k, on that cheque from the account no. of that customer trace address.
If bank refused to give you address of customer then apply under RTI and call all accounts opening form of said account.

Advocate Manmohan Bhutada LawRato

947 votes

Sir,
Under section 144 of Negotiable Instrument Act 1881 there is a provision .
In which you can make a application in the court about the reason of taking a cheque from your party .
If court think it is reasonable that court may direct police to find address
In that case you will get address so you can directly start proceeding

Advocate Avinash Jain LawRato

955 votes

Don't fear that, here police having no roll, you have a good ground defence in your case, police will not interfering in this case, if any notice from any lawyer for ground of cheque bounce..? If yes take notice and visit my office for further process.

Advocate Sharanagouda S. Patil LawRato

655 votes

Borrowing interest free Loan does not mandate you to work against your wish

Of course there is a Bond executed by you to clear Loan by working in the organization for agreed period which owes liability to clear Loan by any means but not necessarily in that organization itself
You have executed bond to work for agreed period but it doesn't mean that you are a bonded labour
If torture and compell you to work for less salary amount to bonded labour itself for which organization has to face consequences
If it is so the Bond itself unlawful against to public policy

By paying less salary than agreed by them, the organization itself violated terms of bond, against the same you can go for enforcement.
Lodge complaint against organization for misusing cheque for the other than the purpose it is given
Once it is done they can't do anything from those cheque

Regards from
Ravindra advocate

Advocate Ravindra Prasad LawRato

713 votes

When a cheque is refused by a bank and returned to the person who wrote it due to reasons like insufficient funds, it is called a bounced cheque. In case the cheque bounces the first time, the bank issues a 'cheque return memo' and refuses to honor it, stating the reasons for non-payment. The bank also charges a fee for the bounced cheque.

In such a scenario the account holder is eligible to resubmit the cheque within 3 months of the date of issue if he knows that it would not be dishonored the next time.

Yet another way is to send a legal notice to the defaulter within 30 days of receiving the cheque return memo. All the relevant facts of the case, including the nature of transaction, amount, date of depositing the instrument in the bank, and subsequent date of dishonoring should be clearly mentioned in the notice.

If no action is taken on the notice and a fresh cheque or repayment is not done within 30 days of receiving the notice, the payee has the right to file a criminal complaint under Section 138 of the Negotiable Instruments Act.

The complaint should be registered in a magistrate's court within a month of the expiry of the notice period.

On receiving the complaint, along with an affidavit and relevant documents, the court will issue summons and hear the matter. If found guilty, the defaulter can be punished with a prison term of two years and/or a fine, which can be as high as twice the cheque amount.

However, the defaulter can appeal to the session’s court within one month of the date of judgment of the lower court. If a prolonged court battle is not acceptable to both the parties, an out-of-court settlement can be attempted at any point.



Filing a civil suit

In case of non recovery of the due amount during the long battle of legal dispute, one can separately file a civil suit for recovery which would cover the costs borne by the petitioner during the legal battle.

This is where a summary suit under Order 37 of the Code of Civil Procedure 1908 comes in. A summary suit is different from an ordinary suit as it does not give the accused the right to defend himself. Instead, the defendant has to procure permission from the court to do so. Summary suits can be availed of only in recovery matters, be it promissory notes, bills of exchange or cheques.

According to the Ordinance passed by the Govt. of India in June 2015, where the person has presented the cheque i.e. where the Complainant has the Account, the complainant can file the case in that city.



Risk faced by defaulters

Along with a prison term or heavy penalty faced by the accused, the bank has the right to stop the cheque book facility and close the account for repeat offences of bounced cheques.

The RBI clearly states that such action can be taken only if the default has taken place at least four times on cheques valued at over Rs 1 crore.

Advocate Siddhant Sharma LawRato

837 votes

Present the Cheque once again..... If the same is in validity period

And, thereafter have legal notice issued and file case thereafter if payment is not made within 15 days from the date of the issuance of the legal notice.

Advocate Urfee Haider LawRato

596 votes

If you have to file a case of cheque bounce then first send a legal notice to drawer of cheque within 30 days of dishonour of cheque. Drawer of cheque has 15 days time for payment of cheque amount. If he fails to make payment within such day, you can file a case within a month thereafter.

Advocate Pankaj Kumar LawRato

509 votes

Yes, You have to bounce cheque again for fresh cause of action then you have to send notice with in 30 days from receiving cheque bounce memo and after completion of 15 days provided to accused for payment , if he fails to make payment then you have to file complaint case under section 138 NI Act with in 30 days

Advocate Sanyam Jain LawRato

516 votes

you have to put the chaque again in the bank for payment and while stating the reason you can send legal notice to the other party and then after non-compliance of the demand of the notice you can move towards court the provisions of section 138 of negotiable instrument act will deal with the situation

Advocate Roshan Kumar Singh LawRato

603 votes

YES YOU CAN FILE A CIVIL SUIT FOR MONEY RECOVERY AGAINST HIM OR YOU CAN REPRESENT THE CHEQUE AGAIN TO BANK FOR HONOUR IF THE CHEQUE DATE NOT EXPIRE 3 MONTHS OF ISSUE DATE AND AFTER THAT YOU CAN FILE 138 NI ACT CASE TOO. BETTER YOU CONTACT A LAWYER FIRST.

Advocate Dev Raj Sukhija LawRato