YES, a cheque bounce case can indeed be compromised even after a conviction. The legal framework under Section 138 of the Negotiable Instruments Act, 1881, addresses dishonoured cheques, typically leading to criminal liability if certain conditions are met. However, the judicial system in India provides avenues for compromise even after a conviction has been pronounced. … Read more
In India, the punishment for cheque dishonour is primarily governed by Section 138 of the Negotiable Instruments Act, 1881. To hold someone criminally liable under Section 138, the following conditions must be met: Dishonor of Cheque: The cheque must be dishonoured due to reasons such as insufficient funds or exceeding the amount covered by the … Read more
Criminal Case for Dishonour of Outdated Cheque? The Negotiable Instruments Act primarily addresses cases involving dishonour of cheques that are within their validity period. The relevant section for criminal liability is Section 138, which deals with dishonour due to insufficient funds or exceeding the amount covered by the drawer’s account. Validity of Cheques A cheque … Read more
How to Protect Yourself from Cheque Dishonour To avoid issues related to cheque dishonour in India, it’s essential to take preventive measures and understand the legal and procedural aspects involved. Ensure Sufficient Funds: Always ensure that your bank account has enough funds to cover the amount of the cheque you issue. Verify Cheque Details: Verify … Read more
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 … Read more