In India, a cheque bounce case typically continues even after the death of the payee, though the process may involve adjustments due to the change in parties. Under Section 138 of the Negotiable Instruments Act, 1881, the dishonour of a cheque can lead to criminal proceedings if certain conditions are met, including the issuance of … 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