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super admin
Super admin. | 9 months ago | 488 Views

What Is The Punishment In Cheque Bounce Case?

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super admin Super admin

Updated: 04-04-2024

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A cheque bounce case frequently commences with an account holder writing a cheque to the payee, which is subsequently sent to the bank for approval. However, there can be a number of reasons why the cheque bounces, notably insufficient funds, resulting in problems for both the payer and the recipient of the cheque. After the bank’s notification of the account’s low balance, the account holder could become subject to legal penalties.

Cheque Bounce: Reasons

A cheque may bounce for a number of reasons, as stated in section 138 of the Negotiable Instruments Act. Let’s quickly examine it:

  • Insufficient Account Balance: It is thought that the bank will reject the cheque and return it to the payee with a note stating that there are not enough funds to cover the cheque amount if there is not enough money in the drawer’s account to match the amount on the cheque.
  • Overwriting: An attempt to overwrite may result in a bounced cheque if the drawee’s signature has been somewhat altered, bolded, or highlighted.
  • Signature Mismatch: It is stated that the cheque is likely to bounce if the payer’s signature is different from the one on file with the bank.
  • Mismatched Digits: If the amount stated or written does not match, the cheque will bounce.

Cheque Bounce Penalty

The offender will be penalized for a cheque bounce case section 138 of the NI Act. Depending on what caused the bounce.

The Negotiable Instruments Act of 1881 makes it illegal to dishonoured a cheque due to insufficient money in the payer’s account. If a cheque is written on a bank account that is not adequately funded, the payer may be punished. The payee may either allow the person who made the payment to reissue a cheque or decide to take legal action against the payer within a period of three months after the first payment was made.

If the payer issues a cheque that is returned unpaid, they could spend a maximum of two years in jail.

In addition, banks impose penalties for cheque dishonouring. Bank to bank variations exist in the penalty. Various banks may impose various penalty rates depending on the amount for which a cheque is returned unpaid.

Cheque Bounce Case: Procedure to be Followed

  1. Sending a Demand Notice to the individual who gave you the bounced cheque is the first thing you should do.
  2. Information about the returned cheque should be included in the message. A copy of the dishonoured memo and the date the cheque was issued should be included in the notice.
  3. After receiving the notification, the person has 15 days to reimburse you.
  4. If they don’t, you can submit a cheque bounce complaint with the court using the required format.
  5. In addition to the complaint form, you must also provide an oath letter, a copy of the notification sent along with the acknowledgment receipt, a duplicate of the memo, and the received bounced cheque.
  6. The judicial court will examine and confirm the documents you supplied after receiving your complaint.
  7. Following the court’s approval of your cheque return case, the accused will be called to appear in court and the complainant or their attorneys will need to complete the Bhatta or cheque bounce case process form.
  8. The judge has the power to issue a bailable warrant against the accused if they do not show up for court.

By pursuing the appropriate legal actions in accordance with Section 138 of the Negotiable Instruments Act, a lawyer for cheque bounces can assist you in recouping the money plus interest. Before taking any further action, an experienced cheque bounce lawyer can assist you by serving the drawer with a statutory notice. When they file the petition, they may represent you as the pleader under a Power of Attorney (POA).

Sharks of Law is a one-stop legal destination of repository of lawyers possessing the highest legal qualifications. The legal professionals at Sharks of Law have the necessary experience to offer you specialized knowledge in the areas where you need it.

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Ujjain: Woman Raped In Daylight, While Passerby Recorded The Video, Rape Accused And Another Arrested +91-88770-01993

Ujjain: Woman Raped In Daylight, While Passerby Recorded The Video, Rape Accused And Another Arrested +91-88770-01993

Adv Arjun Sharma • 07/09/2024

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How To Apply For A Marriage Certificate ? +91-8877001993

Adv Tanvi Malik • 09/09/2024

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How Is Murder Punishable? 8877001993

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Cheque Bounce Lawyers In Delhi 91-8877001993

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Dowry Death And Its Punishment 91-8877001993

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How To Escape From Cheque Bounce Cases ?91-8877001993

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Arrest Of RG Kar Principal And Kolkata Cop By CBI +91-8877001993

Adv Shubham Pahuja • 24/09/2024

Arvind Kejriwal Resignation From The Post Of CM In Delhi

Arvind Kejriwal Resignation From The Post Of CM In Delhi

Adv Ankit Kansal • 24/09/2024

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Improper Bathing Habits Of Husband Leads To Divorce +91-8877001993

Adv Rahul Pandey • 25/09/2024

Bail Of Delhi CM Arvind Kejriwal In Delhi Excise Policy Case

Bail Of Delhi CM Arvind Kejriwal In Delhi Excise Policy Case

Adv Kanishk Garg • 25/09/2024

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Beef Found In Tirupati Ladoo Prasad +91-8877001993

Adv Anshul Jain • 27/09/2024

Section 125 Of CRPC Is Not There To Create An Army Of Idlers, Well-Qualified Wife Shall Not Solely Depend Upon Maintenance:- Mp High Court 91-8877001993

Section 125 Of CRPC Is Not There To Create An Army Of Idlers, Well-Qualified Wife Shall Not Solely Depend Upon Maintenance:- Mp High Court 91-8877001993

Adv Tanvi Malik • 28/09/2024

Resignation Not Final Until Employer Communicates The Acceptance To Employee:-SC 91-8877001993

Resignation Not Final Until Employer Communicates The Acceptance To Employee:-SC 91-8877001993

Adv Shifa • 28/09/2024

High Court Condemns "Freebie Culture," Summons MCD Commissioner In Response To Delhi IAS Coaching Center Fatalities 91-8877001993

High Court Condemns "Freebie Culture," Summons MCD Commissioner In Response To Delhi IAS Coaching Center Fatalities 91-8877001993

Adv Tanvi Malik • 30/09/2024

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Role Of The Best Family Lawyers In Delhi +91-8877001993

Adv Shubham Pahuja • 01/10/2024

Can’t Call Religion Of India As Pakistan: Supreme Court Blasts Karnataka Judge

Can’t Call Religion Of India As Pakistan: Supreme Court Blasts Karnataka Judge

Adv Ankit Kansal • 01/10/2024

Death Sentence For Rape And Murder Of 7 Year Old Girl In Kolkata 91-8877001993

Death Sentence For Rape And Murder Of 7 Year Old Girl In Kolkata 91-8877001993

Adv Shifa • 05/10/2024

Delhi High Court Grants Pregnancy Termination In Live In Relationship 91-8877001993

Delhi High Court Grants Pregnancy Termination In Live In Relationship 91-8877001993

Adv Ankit Kansal • 05/10/2024

Living Separately For Jobs Does Not Amount To Desertion 91-8877001993

Living Separately For Jobs Does Not Amount To Desertion 91-8877001993

Adv Kanishk Garg • 09/10/2024

What To Do In Cheque Bounce Case: Lawyers Legal Advice 91-8877001993

What To Do In Cheque Bounce Case: Lawyers Legal Advice 91-8877001993

Adv Samman Singh • 10/10/2024

Govt Pleas For Criminalizing Marital Rapes?

Govt Pleas For Criminalizing Marital Rapes?

Adv Tanvi Malik • 14/10/2024

Maintenance To Woman In Live In Relationship 91-8877001993

Maintenance To Woman In Live In Relationship 91-8877001993

Adv Ankit Kansal • 15/10/2024

Baba Siddiqui Murder Case And Lawrence:-Bishnoi Gang Connection

Baba Siddiqui Murder Case And Lawrence:-Bishnoi Gang Connection

Adv Anshul Jain • 18/10/2024

All Arrest And Detentions Are Not Custodial Torture 91-8877001993

All Arrest And Detentions Are Not Custodial Torture 91-8877001993

Adv Samman Singh • 07/11/2024

New Appointment Cannot Be Revoked If Resignation Is Accepted By The Previous Company 91-8877001993

New Appointment Cannot Be Revoked If Resignation Is Accepted By The Previous Company 91-8877001993

Adv Arjun Sharma • 09/11/2024

Matrimony Company To Pay Compensation To The Groom 91-8877001993

Matrimony Company To Pay Compensation To The Groom 91-8877001993

Adv Shubham Jindal • 11/11/2024

Justice Dy Chandrachud’s Legacy Through His 5 Key Judgments

Justice Dy Chandrachud’s Legacy Through His 5 Key Judgments

Adv Ankit Kansal • 12/11/2024

Student Sues Jindal Global Law School After University Fails Him For Using 88% AI Generated Content In Exams 91-8877001993

Student Sues Jindal Global Law School After University Fails Him For Using 88% AI Generated Content In Exams 91-8877001993

Adv Arjun Sharma • 14/11/2024

Forcing Wife To Quit Job Amounts To Cruelty 91-8877001993

Forcing Wife To Quit Job Amounts To Cruelty 91-8877001993

Adv Shubham Jindal • 25/11/2024

Celebrating The Spirit Of Democracy On Constitution Day On November 26

Celebrating The Spirit Of Democracy On Constitution Day On November 26

Adv Shubham Pahuja • 26/11/2024

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