- CHEQUE BOUNCE CASE LAWYER IN KOLKATA : CALL 9830568028
Call or WhatsApp 9830568028 /7044002839 Koushik Ghosh , Advocate & Associates are the best lawyer for cheque bounce related case & 138 N.I.Act case , 420 I.P.C in High Court , Metropolitan Magistrate Court Calcutta since 2003 and we are providing legal service in speedy and cost effective way. We are reputed Cheque Bounce Case Lawyers in Kolkata and our Specialized attorneys in Cheque Bounce Cases, Has Successfully Fought many cases for Cheque Bouncing and Loan default for many clients in High Court , Bankshall Court and Alipur Court.
If debtor has made the payment to you through cheque that has either been bounced or dishonored for the lack of funds in the debtor’s bank account then our cheque bounce lawyers in Kolkata will help in recovering the defaulted amount along with interest by taking all legal measures under section 138 of Negotiable Instruments Act. We issue statutory notice to your debtor before taking the next step,
We act as a pleader on your behalf on POA (Power of Attorney) while filing the petition Likewise If your creditor has issued court summons to you under section 138 of NI Act then need not worry our expert lawyers will safeguard you from incurring massive liability by handling your cheque bounce case in an effective manner in the court of law Cheque bounce or dishonor of cheques are regarded as criminal offence in India. Hence don’t take things casually & consult our experienced cheque bounce lawyers in Kolkata.
Reasons Behind Cheque Bouncing
A cheque gets bounced due to the following reasons:
1) Deficient Balance: A cheque gets bounced due to fewer funds available in the drawer’s bank account than stated in the cheque leaf.
2) Signature: If the drawer’s signature on the cheque leaf is missing, the difference does not match the specimen signature record with the bank.
3) Account Number: If the drawer’s bank account number is missing from the cheque leaf, not readable, blurred, or the cheque leaf is not based on CTS(Cheque truncation system) 2010 standard.
4) Amount: Stated amount in words on the cheque leaf does not match the amount in figures.
5) Overwriting: Anything on the cheque leaf is overwritten.
6) Name: Stated account payee(drawee)’s name does not match with the name of payee’s bank account.
7) Alterations or modifications: If any modification or tampering is done with the cheque leaf without payee(drawee) consent.
Procedure to file a Cheque Bounce Case
Step 1: For a bounced cheque, you should send a notice to the opposite party within 30 days from the date of memo. The notice must accompany the copy of the bounced cheque received from the Bank.
Step 2: The cheque holder’s notice should have a claim for the amount for which the cheque has been bounced. The claim notice should mention a 15 days period to settle the matter.
Step 3: The opposite party will have 15 days from the receipt of the notice to settle the matter. No action will be taken until the expiry of 15 days or if paid.
Step 4: If the opposite party fails to pay or settle the matter even after the completion of ‘15 days’, mentioned in the notice, then the cheque holder holds the right to file a criminal complaint before the appropriate court. The complaint can be filed within 30 days of the expiry of said 15 days.
Step 5: In case, it is beyond 30 days period, the court will not ignore the delay.
Cheque Bounce Law
In the year 2018, the Negotiable Instrument Bill was amended and passed. The law states that dishonor of cheque belongs to Section 138 Cheque Bounce Act. It is also considered a criminal offense. As per the section 138, the drawer of the dishonored cheque is bound to pay the double amount as the compensation. If unable to pay, the drawer may get 2 years of imprisonment. The bearer may serve both physical and monetary punishments under severe cases.
Rules for Cheque Bounce
If the drawer fails to pay the amount and the payee takes proper actions under the guidelines stated below, it will be considered as a dishonor of the cheque and a criminal offense:
• The cheque is issued to pay the dues
• The cheque is offered to the bank within the validity period
• The payee needs to issue notice to the drawer within the 30 days of bounce.
In case, the drawer fails to respond/ignores or fails to pay the amount.
Notice to Cheque Bounce
In case, the cheque you received is bounced, you need to issue a notice to the person who has issued the cheque to you. This letter may include a threat to start the legal proceedings, if the person fails to pay the amount within the specified time period. The threat can be given under the Negotiable Instrument Act (NI Act) cheque bounce charges. In most cases, the threatening letter is enough to make a settlement.
However, if it doesn’t then a legal case can be filed under the following sections:
Section 138 Cheque Bounce of the Negotiable Instrument Act –
This act is applicable if the drawer is an individual.
Section 141 Cheque Bounce of the Negotiable Instrument Act –
This act is applicable if the drawer is a company or managing director.
Sending the Notice
The notice of demand/settlement for the Bounced Cheque should be sent within 30 days from the date of issuance of the bounced cheque. This letter is primarily issued as a warning to the drawer to pay the due amount or be prepared for the legal actions.
Our experienced and skilled Cheque Bounce Lawyers will help you format the legal notice in the right manner. It is very helpful in providing you with the amount and compensation within less period of time.
All of the points listed below should be stated in the letter:
1. Clarification that you displayed the check within the time of its legitimacy.
2. Explanation of obligation or legitimately enforceable risk.
3. Request the explanation or reason for the bouncing of the cheque.
4. A reminder to the account holder to pay the dues.
5. A statement that you are granting a time of 15 days to pay the sum.
The Legal Cheque-Bounce Case
The case includes three parties:
1. Drawer – The person who is paying the amount mentioned on the cheque.
2. Payee – The person who presents the cheque for clearance.
3. Drawee Bank – Associated authority directed to pay the cheque in cash. It is also called “Drawee”.
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