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 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, 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
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
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