Best Cheque Bounce Lawyer in Mizoram | Top Cheque Bounce Advocate in Mizoram - Legalresolved
If your Cheque issued by a debtor has bounced or has been dishonoured, or someone has issued a cheque bounce notice against you, or you have received court summons for a 138 -Negotiable Instruments Act, Use Legalresolved to find best cheque bounce lawyer
ALL YOU NEED TO KNOW ABOUT CHEQUE BOUNCE CASES
In the present age, cash in hand is hardly preferred by people. Rather than this they will wish that there money is kept safe in their bank accounts. In such cases a negotiable instrument i.e. a cheque is used as a mode of transaction of money.
With the increased usage of cheques, the problem of dishonouring of cheques saw a rapid increase, due to which the Negotiable Instruments Act was enacted in the year 1881. With the enactment of this act and hence the criminalisation of the act of dishonouring of cheques, the statistics have saw a fall, but yet this is a very common problem which prevails even today.
What is a cheque?
A cheque is nothing but a negotiable instrument and a bill of exchange payable on demand. It is an order to the bank to pay a specified sum of money from the drawer’s account, to the person in whose name the cheque has been issued, and is written on a specially printed form.
The person who has issued the cheque is generally termed to be as ‘drawer’ and the other person, i.e. the one in whose favour the cheque has been issued is termed to be as ‘drawee’.
What is a cheque bounce?
A cheque bounce can be known by various names, such as dishonouring of cheques. A cheque will be known to be as bounced or dishonoured, in cases when it is given to the bank for payment, but you are not paid the money.
This may happen due to a number of reasons, such as absence of sufficient funds in the account, mismatching of the signature, overwriting is done on the cheque, cheque is not genuine, the details are filled incorrectly, and many more.
The provisions relating to cheque bounce in our country
In India, bouncing of cheque is held to be a criminal offence and the acts of which are governed by Section 138 of the Negotiable Instruments Act, 1881.
The punishment of cheque bounces under the act
As, the act is considered to be an offence, it is punishable with an imprisonment of 2 years or the fine is levied on the person which is equal to twice the amount stated in the cheque, or both.
Cheque bouncing offence, if committed by the company
As provided under Section 141 of the Act, if a company commits the offence of cheque bouncing, then it will also be held liable. In such cases, along with the company, every person who was involved in the discharge of liability will be considered to be guilty of the offence.
Vital ingredients for cheque bouncing to be constituted as an offence
• The cheque must have been issued for fulfilling any liability or some legally enforceable debt.
• It must have been presented to the bank within its validity period.
• The drawee must have issued a written notice of demand regarding the dishonour of cheque by the bank, to the drawer within 30 days.
• Then, from the date of receiving of such notice, the drawer must have failed to pay the amount to the drawee, within 15 days.
Who is capable of filing a complaint regarding cheque bouncing
After the expiry of 15 days, the person whose cheque has been dishonoured by the bank, be it for any reason holds the right to file a complaint before the magistrate of appropriate jurisdiction.
This complaint should have been filed within 30 days after the lapse of the 15 days period.
Jurisdiction for filing a complaint
The following places will be considered within the ambit of jurisdiction, when it comes to filing of a complaint:
• The place where the cheque was drawn
• The place where the cheque was presented
• The place where the cheque was returned by the bank
• The place where the notice of demand has been served.
As held by a 3 judge bench of the Apex court of our country, in the case of Dasharath Rupsingh Rathod V. State of Maharashtra, any sort of complaints regarding dishonour of cheques can be filed only in the courts of the magistrate, within whose local jurisdiction the offense have been committed.
So, the filing your case in the court of competent jurisdiction is very important.
Fees to be charged by the court for filing a complaint
The fees which is charged by the court generally ranges between Rs. 200 to Rs. 1000. The amount charged depends on the amount of the cheque.
Documents required for filing a complaint
The following are the documents required to be attached with the complaint, at the time of its filling:
• The original cheque
• The memo of the cheque return, which would be clearly stating the reason about the non payment of that cheque by the bank
• Blueprint of the demand notice along with the original receipts of the portal
• An affidavit which would be stating all the pieces of evidence
Do’s and Don’ts in such cases
A case of cheque bounce is a very general but crucial case. As, any wrong step or the non fulfilment of any required conditions may prove to be very heavy for you, in terms if fine and imprisonment. So, below are the do’s and don’ts which one should follow in case of cheque bounce.
• Always remember that a cheque is valid for three months. So, produce it before the bank within this time period.
• After the cheque has been dishonoured, send the notice of demand as soon as possible. Keep a proof of it safely with you.
• Always pay the amount to the drawee, within 15 days of the receiving of demand notice. Ignoring this, may land you up in jail.
• Always file a complaint within the requisite time period i.e. a period of 30 days. If you case and circumstances are exceptional, the magistrate will grant you delay. Otherwise, there should be no delay on your part.
• Do not try to alter the amount mentioned in the cheque.
• Do not try and alter or change the name of the payee.
• Do not try and make alterations in the date mentioned in the cheque.
• Do not try to alter or tamper with the signature of the drawer.
• Do not make any other change or alterations in the cheque.
The apposite way out
It is very general practice followed by people, that whenever their cheque bounces and being aware of the fact that it is a criminal offence, they happen to lose their capacity of rational thinking. This is what makes them panic and create a hype of the situation. In such conditions, people expect and search for a strong support, who can be by their sides and save them from the prevailing situation. In such a case, the best solution of getting out of these tough times happens to be, to go for legal consultation in Stt_name. This work can be best done by a lawyer or an advocate. They will successfully fulfil both the demands of yours i.e. a support provider and a situation saviour.
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