CHEQUE BOUNCE केस दायर करने के लिए, आमतौर पर एक ही बार चेक बाउंस होना काफी होता है। भारतीय कानून के तहत, विशेष रूप से NEGOTIABLE INSTRUMENTS ACT की धारा 138 के तहत, चेक बाउंस के मामले में केस दायर करने के लिए निम्नलिखित शर्तें पूरी करनी होती हैं: चेक बाउंसः CHEQUE को कम से … Read more
भारत में CHEQUE BOUNCE के मामलों में COURT में केस फाइल करने की समय सीमा निम्नलिखित है: नोटिस भेजने की अवधि: CHEQUE BOUNCE के बाद, DRAWER (जिन्हें चेक दिया गया है) को 30 दिनों के भीतर एक LEGAL NOTICE भेजना होता है। इस NOTICE में CHEQUE BOUNCE होने का कारण और NOTICE प्राप्ति के 15 … Read more
In cases involving bounced cheques, a denial of signatures can be an effective defence, but it depends on the specifics of the case. Here’s a general outline of how it might work: Verification of Signature: If the accused denies his signature on cheque, he would need to provide evidence that the signature is not his … Read more
Small business firms often face financial challenges, and a cheque bounce can significantly impact their operations. Handling such situations effectively requires a strategic approach to minimize disruption and recover owed amounts. 1. Maintain Clear Records: The first step is to ensure meticulous record-keeping. Maintain detailed records of all cheques received, including dates, amounts, and payee … Read more
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 is generally valid for three months from … Read more
There is no restriction regarding the number of times a cheque can be presented and that every subsequent representation and dishonor gives rise to fresh cause of action for filing complaint. The holder of cheque can approach Cheque Bounce Advisor (CBA) Team even after a single incident of cheque bounce and seek expert services for … Read more
Yes, cheque bounce is a criminal offence for deliberate wilful reasons as stated above and as per section 138 of Negotiable Instruments Act, the drawer/signatory of the dishonoured cheque can be punished with an imprisonment for a term which may extend to two years, or with the fine which may extend to double of the … Read more
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 … 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
In India, Cheque bounce is a criminal offence under Section 138 of the Negotiable Instruments Act, 1881(as Amended in 2018) punishable with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both. When the holder of the cheque i.e. … Read more