Stage 1: Demand Notice
Once the bank has restored the check, i.e. the cheque has bounced, you are required to send a letter (request see) inside 30 days of such bobbing to the gathering who composed the cheque (the drawer) debilitating to start procedures under the Negotiable Instruments Act on the off chance that the sum isn't paid inside a stipulated era (generally 15 days).
Request letter can be sent by the complainant her/himself. Be that as it may, it is fitting to get the draft verified by a cheque bounce legal counselor before sending it to the individual concerned.
The accompanying data ought to be expressed plainly request take note:
- An announcement that the cheque was displayed inside its time of legitimacy.
- Statement of obligation or legitimately enforceable risk.
- An information viewing disrespect of check as given by the bank.
- Demanding the backer to pay the sum due within 15 days of accepting such notice.
Stage 2: Drafting of Complaint:
Following a slip by of 15 days from the date of conveyance of the request letter, if no installment has been gotten, there is a 30 day and age to record the objection before an officer. Locale for documenting the objection: A justice in any of the spots out of the accompanying:
1. Where the cheque was drawn;
2. Where the cheque was exhibited;
3. Where the cheque was returned by the bank;
4. Where the request see was served by you
The accompanying reports will be required in documenting the suit:
2. Pledge letter; and
3. Photocopy of the considerable number of records, for example, cheque, reminder, see a duplicate, and affirmation receipts.
Stage 3: Court Process for recording a case
Court Fee – Sum on Cheque
Court Fee Rs. 0 to Rs. 50,000/ - (Rs. 200), Rs. 50,000/ - to Rs. 2,00,000/ - (Rs. 500), Above Rs. 2, 00,000/ - (Rs. 1000)
A reminder of Advocate is fundamental at the season of documenting a suit alongside marks of the complainant. After the case is recorded by the complainant in court, all archives are cross-checked by Judicial Magistrate First Class, so unique reports, for example, unique cheque (bobbed), unique notice, duplicate of notice, receipt of mail station, receipt of U.P.C., affirmation receipt, are required at the season of cross-checking.
The time of restriction is additionally checked at this stage.
The court at that point issues a summons to blame for the appearance in court on a particular date. On the off chance that Accused does not show up in court on the date of hearing, the court issues a bailable warrant on the demand of the complainant. It they blamed still does not show up under the steady gaze of the court, the court may issue a non-bailable warrant of capture. "To some other arrangement of this Act, be rebuffed with detainment for a term which may reach out to two years, or with fine which may stretch out to double the measure of the cheque, or with both"
Activity against disrespect of cheque rose because of the deceitful practices which achieved its exemplification. To shield individuals from torment a statute was encircled to arraign the blameworthy as well as to safeguard the pure also.