PROCEDURE TO FILE A CRIMINAL CASE AGAINST THE DRAWER OF THE CHEQUE
FIRSTLY:- the holder of the cheque/payee has to send a demand notice within 30 days of the receipt of such dishonour information to the drawer of the cheque, either personally or through lawyer, asking to make the payment of the cheque amount within 15 days from the receipt of the demand notice. CBA is well qualified to send such demand notice through its expertise team of lawyers.
SECONDLY:- if the drawer fails to make the payment within the said 15 days from the receipt of the demand notice with respect to dishonor of the cheque, the holder of the cheque can move onto filing a criminal case in the court u/s 138 of N.I. Act.
IN WHAT CIRCUMSTANCES CHEQUE BOUNCE AMOUNTS TO AN OFFENCE?
FIRSTLY:- when the cheque is issued against an existing legal debt & liability.
SECONDLY:- when the cheque is dishonored by the bank for the reasons either insufficiency of funds, account closed, payment stopped by the drawer and/or similar other reasons.
AND LASTLY:- despite receiving of the legal demand notice of the dishonour of the cheque, the drawer fails to make the payment within 15 days from the receipt of the notice.
