Karishma Pandit | Legistify

Karishma Pandit
Answered on 04 Nov 2019

The notice is to be issued in the name of the person who has given the cheque. According to the NI Act 1881, if any person is deemed to have committed an offence under Section 138 then he/she will be punished with imprisonment for a term that can extend up to 2 years or with fine which can be twice the amount of the cheque or both. You can get the address from the bank to send the notice.Read More

Posted on 10 Sep 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 11 Nov 2019

A cheque bounce case can be filed if the cheque bounced due to insufficiency of funds or fraud by the issuer. Ask the issuer to give another cheque by showing the Cheque Return Memo.Read More

Posted on 17 Apr 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 20 Oct 2019

You can file a cheque bounce case against the person and there is no need to show your source of income unless and until the court requires it for some reason.Read More

Posted on 22 Sep 2019 | 1 Answer

Aayushi Sang | Legistify

Aayushi Sang
Answered on 15 Oct 2019

Cheque bounce comes within the criminal liability and deliberate abstaining from the court may lead you to the disastrous consequences. Since the trail cannot start in the absence of the accused.  the Court may issue initially the available warrant them it may follow NBW and then maybe declared a proclaimed offender. And as far as a settlement is concerned you can approach the court on any date of hearing and may plead for the settlement. In a complaint filed under section 138 of the Negotiable Instruments Act, 1881, once the summons is issued and served upon the accused and the accused fails to appear on the date of hearing mentioned in the summons, Bailable warrants may be issued against the accused by the Ld. Magistrate. It is advisable that even if an advocate has not been engaged, the accused should appear in person to avoid such warrants.Read More

Posted on 11 Oct 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 13 Oct 2019

If someone files a cheque bounce case against you, you must consult with a cheque bounce case lawyer in India to know the correct course of action. Defending a false cheque bounce case is very easy as having the relevant documents is enough to prove that there was no deficiency of funds which caused the cheque to bounce in bank. You can contact your bank to get the details as to why the cheque bounced. Gather Relevant Documents Send A Reply To The Cheque Bounce Notice Defend The Cheque Bounce Case If you're unable to pay the money, you can declare insolvency.Read More

Posted on 05 Sep 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 13 Oct 2019

In case of a cheque bounce, you can file a cheque bounce case against the builder with the help of a cheque bounce case lawyer in India.Read More

Posted on 20 Sep 2019 | 1 Answer

Mohim Roy | Legistify

Mohim Roy
Answered on 05 Oct 2019

Yes, it is allowed for a person to travel to India in case he/she has been issued a non-bailable warrant for a cheque bounce case. However, this is only possible if the court has not passed an order passed, directing you to not leave the country. You will continue to remain amenable to the courts of that country, so can only take short trips and not relocate till the case is settled.Read More

Posted on 04 Oct 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 01 Oct 2019

In this case, you can file an FIR before the police and it will be their duty to trace the accused. In second, you can try to get the information from the bank of the drawer.Read More

Posted on 22 Sep 2019 | 1 Answer

Karishma Pandit | Legistify

Karishma Pandit
Answered on 26 Sep 2019

According to the NI Act, the validity of any cheque is only 3 months from the date of issue. However, if the cheque is bounced. One needs to file the case within the stipulated time with is approximately 75 days from the date of dishonour of cheque. Beyond the limitation, the cheque instrument becomes invalid Section 138 of the Act states that any bounced cheque is punishable under the Act and can lead to up to two years of imprisonment, a monetary refund or both. Moreover, according to RBI guidelines, banks can stop issuing cheque book facilities to any customer booked for a bounced cheque After the dishonour of the cheque if any material alterations are made on the cheque, then the drawee cannot file a cheque bounce case. If the drawer pays within 15 days, then it is well and good. Otherwise, the payee can file a complaint in court within one month from the date of expiry of 15 days, given the notice.Read More

Posted on 25 Sep 2019 | 1 Answer

Karishma Pandit | Legistify

Karishma Pandit
Answered on 24 Sep 2019

As per the Negotiable Instruments Act, a cheque bounce legal notice must be sent within 30 days from the date of cheque bounce. Thereafter, within 15+30=45 days from the date of sending the legal notice, the case must be filed. In case the case is filed beyond that time then the same shall be time-barred. Surat is the Jurisdiction area in case of cheque bounce, as the Cheque Bounce Memo is from Surat.Read More

Posted on 05 Sep 2019 | 1 Answer