Lawyers for Cheque Bounce Cases in Chennai, Tamil Nadu, India
The launch of ‘Digital India’ program in India in 2015 had a big impact on our banking sector from time to time.
You can have all your banking information at your finger tips at the present time. But even in this digital world people prefer to use Cheque as medium of payment.
They follow the traditional way of going to bank and deposit Cheques at counters at the same time. They do not follow online banking up to the present time.
There is always risk involved in financial transactions in the meantime. It can be online fraud or Cheque bounce all of a sudden.
Best Lawyers for Cheque bounce cases in Chennai high court
Find the best lawyers for Cheque bounce cases in Chennai at this instant. Criminal attorneys for companies at Advocate saravvana Rajendran Law associates offer the best litigation services for Sec 138 NI act Cheque bounce issues without doubt.
What is a cheque ?.
It is a negotiable instrument. Henceforth, It is a written document which orders a banker to pay certain amount to the person whose name is on the cheque. The person who writes the cheque is drawer and the person to who gets paid is drawee. So following are the features of a cheque:
- It is a written document
- There must be an unconditional order
- Cheque has Banker details
- Payment is for a specified person
- It is payable on demand
- A cheque has to be for certain sum of money
- A cheque should contain drawer’s signature and date
Why cheques get bounced or get dishonored?
The reason for the bounce of cheque may be:
- Signature mismatch
- Overwriting of cheque
- Cheque presented beyond validity period.
- Account closure
- Inadequate funds in drawer’s account
- Stop payment order given by drawer of cheque
- Inadequacy of Opening balance
- discrepancy in the amount mentioned in words and figures of cheque
- Absence of company seal in the cheque issued by a company
- Account number mismatch
- Missing signature of one of the joint account holder of a joint account
- Demise of account holder or drawer
- Account holder or drawer becomes insolvent
- Mental illness of account holder or drawer
- Crossed cheque
- Issue of cheque against trust rules
- Cheque alteration without signature for alteration
- suspicion in authenticity of the cheque
- Presented for payment at wrong branch
- Amount beyond overdraft limit
Punishment for dishonor of cheque or cheque Bounce in India ?
The punishments for Cheque dishonor or cheque bounce in India are
- Imprisonment or detention up to 1 year or
- Levy of Penalty of an amount equal to or double the cheque amount or
What are the legal actions taken against cheque bounce or dishonor of cheques ?
There is a rise in number of cheques getting bounced or dishonored by bankers for one reason or the other.
When a cheque gets bounced, the banker sends a memo to the drawee or account holder. This cheque return memo has the reason for the dishonor of cheque. In case the cheque got bounced for minor error you can present it again.
Banker sends a simple notification for minor reason bounce. Suppose the reason of cheque bounce is deliberate or any reason under Sec. 138 of Negotiable Instruments Act you can take following legal action through Cheque bounce case advocates in Chennai.
Step 1: Send legal notice or Demand letter
So you have cheque bounce memo from your banker. Before filing a complaint, you need to send legal notice within 30 days from the date of cheque return. The notice demands the amount from cheque drawer within 15 days.
The notice also specifies the legal implication that a drawer has to face for non-payment. The delivery proof of demand letter is an important document. Careful preservation of the same is good. It is useful for further trial process.
There is no specific format of legal notice or demand letter. Yet, a cheque bounce lawyer is an expert to draft such notices. A demand notice has following information
- Statement saying presentation of cheque within in valid period
- Statement of legal enforceable liability
- Reason for cheque bounce as given by the bank
- A demand to pay the amount within 15 days from receipt of notice.
Step 2: Drawing up a Complaint
The drawer of cheque does not respond to the demand letter within 15 days. Moreover he does not pay the amount. Then the next step is to draft a complaint and send it to the drawer. A cheque bounce case lawyer is the right person who can help you in drafting a complaint.
File a complaint within 30 days. You need to know where court you have to file your complaint. You can file either at the place of cheque drawal or place of cheque presented for payment. It can also be at a place where the banker returned the cheque. It can also be at a place of giving demand notice. To file a complaint in court the you need the following documents
- Complaint copy
- Oath letter
- Copy of Cheque and Cheque return memo,
- Copy of demand notice and its acknowledgement receipts etc.
Step 3: Court Process for filing a complaint
- The court fee for filing a complaint of cheque bounce ranges between INR 200 to INR 1000
- Documents said in step 2 signed by complaint along with advocate memo gets filed at court by your lawyer. The prescribed court fee gets paid.
- First class Judicial Magistrate cross examines all the original documents. You have to produce all original documents for cross-examination. They are original bounced cheque, original post office acknowledgment etc.
- First class Judicial Magistrate verifies the limitation period
- Your Criminal lawyer files process form or bhatta and accused’s address
- The court summons the accused to appear on certain date by the time.
- If the accused does not appear at court, the court issues bailable warrant without delay.
- If still the accused does not appear the court issues non-bailable arrest warrant
Contact Top Advocates for Cheque Bounce Cases in Chennai
Firstly, You could get a serious legal actions for Cheque bounce. In fact, That will be even for one EMI cheque bounce by the banker where you have taken loan. Hence be careful about your cheque which you issue to meet the liabilities.
At this instant, Prevent dishonor of cheques. In case you got any demand letter from your anyone accusing you of cheque bounce issues, contact us !. Top Criminal Lawyers for Cheque bounce cases in Chennai. our Law firm would be happy to aid you to begin with in your legal issues.