What is Cheque Bounce?
The situation of cheque bounce means that the process of depositing cheque in the bank has been unsuccessful.
It might be due to several reasons:
1. When there are insufficient funds in the account of the issuer. It is therefore advised to be aware and careful while issuing a cheque to ensure that there is sufficient balance in the account of the issuer.
2. When the date mentioned on the cheque is disfigured or when the numbers are scribbled or even if the date on the cheque is 3 months old from the present date, then the bank can bounce the cheque.
3. When the signature does not match with the bank’s records.
4. When there is a difference in the amounts mentioned in numbers and words.
5. When the cheque has too many stains or marks.
6. When there is overwriting, scribbling or correction on a cheque.
Why should you get it done?
- Steps involved in Cheque Bounce Criminal Complaint :
- QUESTIONNAIRE - Once you finalise the service, you will have to fill out a questionnaire regarding details of cheque and invoice/bill
- DRAFTING OF COMPLAINT - Based on your responses, the lawyer will draft and share the complaint for your review and approval
- SENDING COMPLAINT COPY - Once you approve the draft, the lawyer will print the complaint on a legal size paper and send it to you for your signatures. You will have to send a signed copy of the complaint to the lawyer along with the required documents
- COMPLAINT FILING - Upon receipt of the signed copy, the lawyer shall file a Criminal Complaint in the Court
- COMPLAINT ADMISSION DATE - We will inform you of the date on which you will have to appear before the Court for admission of complaint
- ADMISSION OF COMPLAINT - On the date fixed by the Court, the lawyer will make preliminary arguments on your behalf and get the complaint admitted. The Court will issue summons to the issuer of the cheque (accused)
- APPEARANCE OF ACCUSED - The accused will appear before the court and file his written submissions
- TRIAL AND HEARING - The Court will conduct criminal trial in the matter which will consist of verification of documents, examination of witnesses and arguments
- DECISION BY COURT - The Court will state its decision by delivering a judgment
How does it work?
- Timelines in a Cheque Bounce case : • The legal notice must be sent within 30 days from the date of bouncing of the cheque • The legal notice provides the cheque issuer 15 days from the date of receipt of notice to make the payment • In case the drawer fails to pay within 15 days, then a criminal complaint is to be filed in the Court within 30 days from the expiry of the 15 days
Key documents for your property to be verified?
some of the key documents you should have:
- Required Documents for filing of case in case of individual • Original postal receipt • Photocopy of legal notice • Original bank return memo (communication from bank of bouncing of cheque) • Original cheque
- Required Documents for filing of case in case of company or proprietorship • Original postal receipt • Photocopy of legal notice • Original bank return memo (communication from bank of bouncing of cheque) • Original cheque • Authorisation letter / resolution from company • Company master data • Incorporation certificate.
- Punishment for cheque bounce case : Section 138 of the Negotiable Instruments Act states the dishonour of cheque or cheque bounce is a criminal offence and the punishment includes imprisonment up to two years or monetary penalty or with both. If the court is convinced that you are guilty and the case of the bank has no merit then it will provide you all the charges. . In case of a dishonoured cheque, if there is no payment within 15 days of sending legal notice, you need to file a criminal complaint in Court to recover the amount. Legal bee will help you draft and file the cheque bounce case through a legal bee’s expert cheque bounce lawyer. In a cheque bounce case, a legal notice needs to be sent first before filing of the complaint.
Other Services ?
1. To send a legal notice 500/- 2. To replay to legal notice 500/- 3. Draft a criminal case of cheque bounce 2500/- 4. To file a cheque bounce case along with notice and draft 5000/- 5. Combo from notice to filing and judgement ( depends on merits )
How to download sample files?