How to file a cheque bounce case?- An A to Z guide according to (new) cheque bounce law
How to file a cheque bounce case?- Let’s know what expert cheque bounce lawyers Kolkata suggest
An issue like cheque bounce is still revolving around us. If a cheque bounces, not only does it brings hassle to the payee but also it creates various legal issues for the person who initiates the cheque. In India, we have a lot of payment options. Still, cheque payment is a safer thing for many people. According to the new law, a bounced cheque can result in a criminal offense. The payee may not get the money he/she deserves in a such a case. If you are facing such a situation and finding it hard to recover your money, it’s high time to look for the best cheque bounce lawyers Kolkata.
What is the new law for cheque bounce?
If a cheque bounces, you can send a cheque bounce notice. After waiting for 15 days, the payee can take legal action against the cheque drawer. In order to file a complaint, the payee has to register a complaint under section 138 of the Act. If you find it complicated to register such a case with the right clause or nee guide, you must take the help of a cheque bounce lawyer.
Can we file FIR for cheque bounce?
Yes, the payee can file an FIR against the person who has issued the cheque. Apart from this, the payee can file a case against the issuer of the cheque under Section 420 or 406 of the IPC in a criminal court. Accelerating with cheque bounce case law is a bit challenging person who does not have that much knowledge about laws and regulations. Hopefully, there are Advocate Shilpi Das & Ak Legal Advisors / RD Lawyers & Associates Advocate Anulekha Maity / RD Lawyers & Associates Advocate Puja Roy, the best cheque bounce lawyer in Kolkata, West Bengal.
Is cheque bounce a criminal case?
Under section 138 of the Act, the cheque bounce offense is actually a criminal offense and the payee can initiate a criminal suit against the drawer. The payee must file a complaint within the 30 days of 15 days expiry of the cheque bounce notice. Search for the best cheque bounce case advocates near me to resolve such a case within days and recover your money easily.
Do’s & Don’ts in case of a Cheque Bounce
cheque bounce instantly brings a lot of legal and personal hassles that the payee may not ever think. We have seen that many payees find it really hard to recover the money or the legal justice. To get out of such situations and get justice, it’s better to accelerate the case with the best cheque bounce lawyers Kolkata.
- The cheque should be rightly furnished within the accurate validity period. It should be properly noted that the previous validity period was of 6 months and that is not reduced to 3 months.
- If a cheque bounces, the payee should send the notice first to the drawer. The demand notice should be initiated rather than send within the first 30 days from the dishonor of the cheque. To send such a notice, you will get help from any high court advocate out there.
- The drawer should get 15 days time span to initiate the payment again
- payee/drawer should prevent themselves from alternating the payment amount
- The name of the payee should be changed
- We have to change the date of the cheque
- On the change, we should not initiate any changes
- With the help of the best ‘cheque bounce case advocates near me’, you should file the complaint as soon as possible. If you make a delay, it will be accepted as an exceptional case.
- We should keep it in mind that a cheque gets expired after three months
Process of Cheque Bounce Suit
- You have to file a complaint before the magistrate after the expiry of 15 days of the cheque bounce notice by the drawer.
- The payee has to appear before the court and provide all required details of the case. If the magistrate finds the complaint is considerable or valid, he/she will issue summons to the drawer for appearing before the court.
- The drawer has to appear. he/she can deny or accept the statement by the complainant. If the drawer denies it, the court will proceed with a criminal trial of the case.
- The drawer has to submit all evidence and arguments and both sides will be presented to the court
- According to the situation and evidence, the court will make the right decision