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Dealing with cheque bounce cases is not a new thing for a person who has been involved in the business. However, this situation may occur with a person who is not related to trade at all. The cheque bounce cases have become a part of the routine in the corporate world. If you receive a cheque from the debtor, which has been returned unpaid by the concerned bank on any ground i.e. insufficient funds and wrong signatures etc. then you may take legal recourse under the Negotiable Instruments Act. Likewise, if you receive a notice under cheque bounce case, you can proceed against it with our assistance as we have a team of best Cheque Bounce Lawyers in Chandigarh.
How to file a complaint in Cheque Bounce Cases with the help of Cheque Bounce Lawyers in Chandigarh?
The first step to initiate the legal process under cheque bounce cases is to send a legal notice to the drawer within 30 days from the date of the cheque was presented and returned back by the bank to the drawee. It must be clearly mentioned in the notice that the complainant will initiate appropriate legal action under the Negotiable Instruments Act against the drawer if he/she fails to make the pending payment within 15 days from the notice. Thereafter, on not receiving any payment from the drawer, an aggrieved person can file a complaint under Section 138 of the Negotiable Instruments Act before the court at one of the following places:-
- Where the cheque was drawn/presented.
- Where the bank returned the cheque.
- Where the notice of demand of payment was served.
Once the complaint has been filed, the court served the notice to the accused person by way of summons after being satisfied with the facts of the complaint. Howbeit, the court reserves the right to issue non-bailable warrants against the accused person, he/she found to be evading his/her presence before the court.
How Negotiable Instruments Act Lawyers in Chandigarh can help you?
We, Aggarwals & Associates being a Best Law Firm in Chandigarh provide diverse services in the legal arena. Our team of Best Negotiable Instruments Act Lawyers in Chandigarh is well-conversant in all legal technicalities of cheque bounce cases. We can provide you all kinds of legal assistance in such cases whether you are a victim of a false cheque bounce case against you or you want to sue any defaulter person in case of cheque bounce. These types of cases need technicalities and only an expert lawyer in this field can handle those efficiently. We are here to provide positive results in your cheque bounce cases with the sincere efforts of our Cheque Bounce Lawyers in Chandigarh.
Can legal action be taken without the assistance of Cheque Bounce Lawyers in Chandigarh?
Of course, a layman can proceed with legal action in an individual capacity, yet it is not recommended to proceed without a lawyer’s assistance due to the complexities involved in legal matters. Cheque bounce cases are technical in nature so due diligence is required in each and every step of the legal proceedings. So, only Cheque Bounce Lawyers in Chandigarh can handle your case efficiently by keeping the goal to get appropriate remedy in your legal suit.
Since legal notice is the first and foremost step to commence the legal action against the drawer in cheque bounce cases, and such legal notice is required to well drafted to get proper remedy from the Court. You can get perfectly drafted legal notice as well as a petition from the Cheque Bounce Lawyers in Chandigarh so that your claim can be presented before the Court in an effective manner.
Why our team of Negotiable Instruments Act Lawyers in Chandigarh is ranked at the top position?
Our team of Negotiable Instruments Act Lawyers in Chandigarh is a past master on the laws relating to cheque bounce cases, hence, is able to understand the expectations of clients. Moreover, we are able to help both an aggrieved person as well as an accused person by eliminating the legal errors which may save an accused person from legal and financial trouble as well. Apart from this, our team can also enlighten you on what kind of evidence you must keep in order to make your case more strong. Therefore, we are the most trusted Law Firm in Chandigarh on which you can rely upon for all kinds of legal matters.
When a cheque is called to be dishonored or bounced?
When a cheque is presented before the concerned bank for encashment and the same is returned unpaid by the bank owing to some reason, a cheque is said to be a dishonored or bounced cheque. It is an offence under civil as well as criminal law, and only a Best Negotiable Instruments Act Lawyers in Chandigarh can assist you in both sides whether you want to take action in a cheque bounce case or you want to defend yourself in such a case.
What are the main reasons for cheque bounce?
There might be a plethora of reasons for cheque dishonored by the bank. Some of the main reason includes the insufficient funds in the bank account of the drawer; signature of the drawer does not match other bank documents like passbook, overwriting on the cheque, no clarity in the amount, wrong account number and so forth. It is always recommended to hire Negotiable Instruments Act Lawyers in Chandigarh like Aggarwals & Associates to handle your cheque bounce cases competently.
Can I present my cheque again before the bank even if it gets dishonored?
Yes, there is no limitation for presenting a cheque before the bank even if gets bounced. There is no such legal provision that curtails your right of drawing a bounced cheque again before the bank. Moreover, if you draw the cheque and it is dishonored again, it turns the tables in your favour giving you an additional cause of action for filing a cheque bounce complaint.
What is the first step if the cheque presented by me gets dishonored by the bank?
The first and foremost step in such cases is to contact the person who has given you a cheque which got bounced by the bank, for the payment of the pending amount. If such person is not adhering to your requests, then you can resort to the first legal remedy i.e. sending a legal notice under Section 138 of the Negotiable Instruments Act with the assistance of Negotiable Instruments Act Lawyers in Chandigarh. Thereafter, if such person fails to make payment within a prescribed time period of notice, then you can file a complaint under the said Act.
Within how much I can file a complaint under the Negotiable Instruments Act?
You can file a complaint within 30 days from the expiry of the notice period. The prescribed time period to make payment in the legal notice is 15 days. Meaning thereby you have 45 days (15+30 days) in total to make a complaint under Section 138 of the Negotiable Instruments Act. Otherwise, you will lose remedy under this Act.
What if I lose my right to take action under the Negotiable Instruments Act?
You can seek an additional remedy, which is to file a summary suit for recovery of money as well to initiate criminal action under Section 420 IPC. It is notable that the limitation time period for taking criminal action is 3 years so you can file a criminal complaint under Section 420 IPC within 3 years from the date of issuance of the cheque. Howbeit, it is advisable to consult experienced Negotiable Instruments Act Lawyers in Chandigarh to know the best available legal remedy.
Can I get arrested in a cheque bounce case?
Although it is a bailable offence, if you are found to be evading the process of law then the concerned court can issue an arrest warrant against you. If you receive a summons in a cheque bounce complaint, you are required to be present before the court on every hearing. However, in case of an arrest warrant court can release you on bail on making assurance by you to attend the hearings.
How much amount do I need to pay for a bail bond in a cheque bounce case?
Usually, it varies from case to case, but there are certain guidelines on the basis which the amount is decided to pay to get bail in such cases. These include the amount of cheque, the financial status of the drawer, the number of pending cases of similar nature, and so on.
How can I defend a cheque bounce case filed against me?
It is undeniable to say that only a lawyer can handle litigation efficiently. You can defend your case by hiring an expert Negotiable Instruments Act Lawyer in Chandigarh. If you have pieces of evidence that the cheque was forged, delivered under undue influence, cheating, etc, and the cheque was issued as security only, and so forth, then you have a good case on your side and can escape the liability of the same.