If you have a Debtor’s Cheque issued that has bounced or has been dishonoured, or someone has issued a dishonour of cheque notice against you. You have receivedsummons from the court for a 138 Negotiable Instruments Act (NI) complaint against you, don’t worry, we have expert lawyers for a dishonoured cheque.
We have Expertise in managing Cheque dishonour cases efficiently.
Our Cheque Dishonour lawyers will file a case for recovery of the amount mentioned in the cheque along with the principal cost and interest. A criminal complaint can be lodged. Nevertheless, before the filing of the complaint, we serve the statutory notice to the other party for payment of the cheque, we file that complaint on behalf of the pleader on the Power of Attorney. Cheque bounce comes in criminal offence in a Delhi. So, you must consult or should take legal advice from an Expert Cheque Bounce lawyers.
If a cheque is dishonoured
When a cheque is bounced, the drawee bank immediately sends a ‘Cheque Return Memo’ to the payee’s banker explaining the reason for non-payment. The banker of the payee then gives the dishonoured cheque and the notice to the payee. The payee or the holder can resubmit the cheque within 3 months of the date mentioned on it, should he believe it will be honoured the second time. Still, if the cheque issuer is unable to make the payment, then the payee has the right to take a legal action.
The payee may lawfully prosecute the defaulter/drawer for dishonour of cheque only if the amount written on the cheque is towards discharge of a debt or another liability of the defaulter towards payee.
Whether the cheque was given as a gift, towards lending a loan or for illegal purposes, then the drawer cannot be charged in such cases.
Conditions for prosecution
- Lawfully, certain conditions must be fulfilled to use the provisions of Sec. 138.
- The drawer should draw the cheque on an account kept by him.
- The cheque should be returned or dishonoured because of insufficient funds in the account or drawer.
- The cheque is issued for debt or legal liability discharge.
- After receiving the notice, when the drawer doesn’t make the payment within fifteen days from the date of receiving the notice, then he commits a punishable offence under Sec. 138 of the Negotiable Instruments Act (NI).