Cheque bounce cases have surged in huge multiples knowing the present day business transactions. Dependence of business and individuals over promissory notes and negotiable instruments like cheques is immensely deep and as such the defaulters are also increasing .If you hold a cheque and which has bouced due to the mischief of the defaulter contact your lawyer for a prompt legal action
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
Steps involved in sending a legal notice
SCANNED DOCUMENTS
You will have to send scanned copies of the following documents:
- Bounced Cheque
- Cheque returning memo
- Invoice or Bill or Agreement towards which cheque was issued
DRAFTING LEGAL NOTICE
The lawyer will prepare the draft and share it for your review and approval within 2 working days
DISPATCH OF NOTICE
Once you approve the draft, the lawyer will send the legal notice on his letterhead
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. In a cheque bounce case, a legal notice needs to be sent first before filing of the complaint.
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
Steps involved in Cheque Bounce Criminal Complaint
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
Required Documents
- Original postal receipt
- Photocopy of legal notice
- Original bank return memo (communication from bank of bouncing of cheque)
- Original cheque