The first and foremost step would be to send a reply to the legal notice citing your defence or else pay the cheque amount as per the legal notice to avoid any further legal proceedings. However before sending a reply to Legal Notice or making the payment, it is desired to consult a legal practitioner who is an expert in cheque bounce cases. Team CBA expertise in pursuing the case on behalf of the drawer in either of the situations
The reply to the legal notice does not possess any specific format but make sure that the following subjects are mentioned clealry in the reply:
- Address the reply of the legal notice to the lawyer of the drawee.
- The description, name, and address of the reply sender should be stated visibly.
- Facts of the issue: date of issue, cheque-return memo, etc.
- Rebuttal of the allegations made against you.
- Refrain from admitting to any accusation mentioned in the notice.
- Any complaints filed against the drawee of the cheque should be highlighted.
- A summary of your defence against the allegations mentioned in the legal notice for cheque bounce.
- The reply to any legal notice must preferably be sent on a lawyer’s letterhead.
The failure to reply to the legal notice for cheque bounce or pay the cheque amount within 15 days of its receipt, may result in drawee to file a complaint before the competent court of law, initiating the legal proceedings against you.
WHAT IF CHEQUE BOUNCES?
WHAT LEGAL ACTION IS REQUIRED TO BE TAKEN AGAINST THE CHEQUE BOUNCE/DISHONOUR OF CHEQUE
The payee/holder of the cheque can file criminal case under section 138 of Negotiable Instrument Act against the drawer of the cheque and simultaneously can also file a civil case for recovery. CBA through its expertise team handle the entire process with minimum hassle, immaculate commitment and speedy results.
