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
In India, handling the dishonour of a foreign bank cheque can involve several types of legal actions, each tailored to address different aspects of the issue. Civil Suit for Recovery: If a foreign cheque is dishonoured and the drawer owes money to the payee, a Civil Suit for recovery can be initiated. This involves filing … Read more
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, 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
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
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