Section 138 of the Negotiable Instruments Act criminalizes such instances where a cheque issued has bounced when it is presented before the bank for payment. The cheque needs to necessarily have been drawn on the account of the account of the drawer of the cheque and must have bounced by reason of there being a lack of sufficient funds.
When a cheque has bounced, it is necessary under Section 138 that a notice of the same is sent to the defaulter for giving him/her reasonable time to make payment of the amount. You must hire the services of the best Cheque Bounce lawyers in your locality to help you draft the notice at affordable prices.
- When a cheque has bounced, a cheque return memo is generated stating the reasons behind the same.
- The cheque return memo is sent to the drawer of the cheque informing him/her of the same.
- Now the drawer is given the opportunity to pay the money again voluntarily within a reasonable period of 15 days.
- If no payment is made, you must send a legal notice drafted by the top cheque bounce lawyers in your locality demanding the amount be paid to you.
- The original cheque that has bounced
- Cheque return memo issued by the bank
- A copy of the legal notice to be sent to the drawer of the cheque asking for the money to be paid
- Affidavit stating the preliminary evidence