Step-by-Step Guide: How to File a Cheque Bounce Case in India With Legal Support
This blog talks about how to file a cheque bounce case in India and why legal support from an experienced lawyer makes the process smoother and more effective.
When a Cheque Bounces What Happens?
In case you receive a bounced cheque, it is not merely ineffective payment but also a crime known as cheque bounce under Section 138 of the Negotiable instruments Act, 1881. It can be as a result of a lack of funds, a blocked payment or a closed account, whatever the reason you are entitled to go to court.
Steps 1- Send a Legal Notice
You will have to issue a legal demand to the issuer within 30 days after bouncing of a cheque. The notice must require payment to be done within 15 days. This is necessary and it has to be properly done. That’s where a lawyer for cheque bounce case can really help.
Step 2: Filing the Complaint in the Court
In case of payment failure within 15 days, then a complaint may be taken to the magistrate. Your attorney will assist in the preparation of the complaint, collection of documentation needed and its submission. Legal experience will make sure that the case is not dismissed due to technical deficiencies.
Step 3: Continue with Hearings
As soon as the case is allowed, your lawyer will defend you in court. With the right cheque bounce case legal advice, you can seek compensation or even a settlement.
FAQs
Q1. How to file a cheque bounce case?
Issue a notice, then proceed with a complaint in case there is an inability to pay.
Q2. Do I have to hire an attorney?
Yes, an attorney assures that you are correct in procedure and increases your likelihood of success.
Q3. Which paperwork is needed?
Legal notice, bank memo, proof of delivery and cheque copy.