Banking,Cheque bounce
Filing a case for Cheque Bounce
31 Mar 2016  |  Views: 30  | 
Prateek Kumar
Advocate

Cheque is a kind ofbill of trade and is secured under the Negotiable Instrument Act(hereinafteralluded as the Act). In legitimate wording, the individual who issues the chequeis known as the 'drawer'; the individual in whose support the cheque is issuedis called 'payee', and the bank that is utilized for this exchange is known asthe 'drawee'. Instances of 'cheque skip' are something very regular nowadays.We see many people confronting the episodes of 'cheque skip' in our every daylives. Be that as it may, do you truly know the methodology to manage the caseson the off chance that you turn into a casualty of the same? What are thelegitimate cures accessible to you once you are the payee and the watch thatwas issued to support you ricochets? Additionally, on the off chance that youare drawee and your cheque skips what are the cures accessible to you to stopcriminal procedures in the court of law? Every one of these issues will betended to in this article in subtle element, however firstly we ought to take agander at a few occurrences when a cheque is generally called to be 'skiped'.

1. 'Account Closed':It will be secured under Section 138 of the Negotiable Instrument Act. Thiscondition happens when all the cash from your record has been pulled back, andthere is no cash left. In the event that this circumstance proceeds for quite awhile than the bank shuts the record of that individual and any cheque issuedfrom that record will ricochet. This was held by the Hon'ble Supreme Court ofIndia for the situation ofNeps Micon Ltd. and Ors v. Magma Leasing Ltd.

2. 'Stop Payment'guidelines: The cheque will be disrespected if the drawer will teach the bankto stop the installment of the cheque from his record. This will again fall inSection 138 of the Act. This was held on account of Mahendr Dadia v. ConditionOf Maharashtra.

3. 'Refer todrawer': This is the announcement or expression by the bank when the drawerdoes not have adequate equalization in the record and attracts a cheque supportof payee, and the bank can't make installment to the payee and henceforthdemonstrates this message. This is additionally secured under Section 138 ofthe Act. This was set down on account of Lily Hire Purchase Ltd. v. DarshanLal.

4. Effect ofdifferent supports: It has been over and over held by courts that showdeceptive expectation of the drawer bringing about disrespect of the chequewould prompt arraignment under Section 138 Negotiable Instruments Act, payinglittle heed to the genuine ground of shame.

 

Methodology to document a grievance

On the off chancethat the cheque has been "ricocheted" then the initial step that apayee needs to take is to pull out to the drawer, inside of 30 days ofrealizing that the cheque was bobbed. In the wake of accepting thenotification, if the individual does not amend his oversight and makes greatthe misfortune endured by payee inside of 15 days, then he can be indictedlawfully. On the off chance that he pays the payee inside of those 15 days,then he would not be said to have submitted any offense, and no move can bemade against him. one can document a suit for recuperation of the cheque sumalongside the expense and enthusiasm under request XXXVII of Code of CivilProcedure,1908,(which oversees the suit in outline trial) and can likewiserecord a criminal grumbling u/s 138 of Negotiable Instrument Act for rebuffingthe signatory of the cheque for having carried out an offense. This move can bemade strictly when giving earlier notice to the next gathering and after theexpiry of 15 days after the notification has been gotten by the drawer.

 

Which court to be approached?

According to thesecond law identified with Negitiable Instument Act went by the president thecomplainant can approach the court under whose ward the bank, where the chequewas exhibited lies.

Yet, in the witnessof drawing closer the court of law one condition that should be remembered isthat the ricocheted cheque would have been issued for the release of legitimateobligation and must not have been given as a blessing. Just those cheque whichhave lawful commitment can be authorized in the court of law.

 

Discipline and punishment

On accepting thedissension, alongside an affirmation and important paper trail, the court willissue summons and hear the matter. On the off chance that discovered liable,the defaulter can be rebuffed with a money related punishment which might bedouble the measure of the cheque or detainment for a term which might bereached out to two years or both. The bank likewise has the privilege to stopthe cheque book office and close the record for rehash offenses of ricocheted cheques.

In the event thatthe drawer makes installment of the cheque sum inside of 15 days from the dateof receipt of the notification, then drawer isn't said to have conferred anyoffense. Something else, the payee might continue to record a grumbling in thecourt of the Jurisdictional Magistrate inside of one month from the date ofexpiry of 15 days endorsed in the notification.

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