Best Cheque Bounce Lawyer in Abohar 

A cheque bounce can be a frustrating and stressful situation for both individuals and businesses. If you are dealing with a bounced cheque, it’s essential to understand your legal rights and take appropriate steps. At AdvocateInJaipur.com, we provide expert legal services for handling cheque bounce cases in Abohar. Our team of best cheque bounce lawyers in Abohar ensures that you receive timely and efficient legal assistance to resolve such matters. We also provide advocate service in other city like Family Lawyer in Bhilwara. 

What is Cheque Bounce Law in India?

In India, the law governing cheque bounce cases is outlined under Section 138 of the Negotiable Instruments Act, 1881. This law deals with dishonour of cheques due to insufficient funds or other technical issues. A cheque bounce occurs when a bank refuses to clear a cheque because of issues like insufficient funds, a closed account, or incorrect signatures.

Key Elements of Cheque Bounce Law:

  • Cheque Dishonour: If a cheque issued by a person is dishonoured due to insufficient funds or any other technical issue, the payee can take legal action under Section 138.

  • Notice: Before filing a legal complaint, the payee must send a demand notice to the drawer (the person who issued the cheque) within 30 days from the date of cheque dishonour.

  • Filing a Complaint: If the drawer does not pay the amount within 15 days from receiving the notice, a complaint can be filed in the appropriate court under Section 138 of the Negotiable Instruments Act.

Types of Cases Handled by Our Cheque Bounce Lawyers in Abohar

Our best cheque bounce lawyers in Abohar handle a wide range of cases related to cheque dishonour, including:

  1. Cheque Bounce Due to Insufficient Funds: Legal proceedings for cases where a cheque is returned due to insufficient balance in the drawer's account.

  2. Forgery or Fraudulent Cheques: Cases involving forged or fake cheques that have been issued with the intention to defraud.

  3. Cheque Dishonour Due to Technical Issues: Legal support for cases where the cheque is dishonoured due to minor issues like incorrect signatures or outdated dates.

  4. Dishonour of Post-Dated Cheques: Legal recourse for cases where post-dated cheques are dishonoured after being presented to the bank.

  5. Cheque Bounce in Business Transactions: Handling cases where cheques issued in business dealings are dishonoured, impacting business transactions.

  6. Recovery of Amount from Cheque Bounce: Representing clients to recover the amount mentioned in the bounced cheque, along with any additional damages or costs incurred.

  7. Criminal Proceedings: In some cases, cheque dishonour can lead to criminal action, including fines or imprisonment under Section 138 of the Negotiable Instruments Act.

  8. Settlement Negotiations: Helping clients negotiate a settlement between the parties involved in a cheque bounce case, to avoid lengthy litigation.

Indian Penal Code (IPC) and Cheque Bounce Cases

While cheque bounce cases fall under the Negotiable Instruments Act, the Indian Penal Code (IPC) can also come into play, particularly in cases of fraud, dishonesty, or forgery. The IPC Sections 403 to 420 cover offences related to cheating, fraud, and criminal breach of trust, which may be applicable in cases where there is fraudulent issuance of a cheque.

Required Documents for Cheque Bounce Cases

To initiate and support a cheque bounce case, the following documents are typically required:

  1. The Bounced Cheque: A copy of the cheque that has been dishonoured by the bank.

  2. Bank Memo: A copy of the bank’s memo or the return memo explaining why the cheque was dishonoured (e.g., insufficient funds).

  3. Demand Notice: A copy of the demand notice that was sent to the drawer of the cheque.

  4. Postal Receipt: Proof that the demand notice was sent (e.g., postal receipt or courier proof).

  5. ID Proof: Valid identification proof (Aadhar card, passport, etc.) of the complainant.

  6. Agreement/Contract: If the cheque was issued as part of a contractual agreement, a copy of the agreement or contract.

  7. Bank Statements: Any relevant bank statements to show that the cheque was presented and dishonoured.

  8. Any Correspondence: Any communication between the drawer and payee regarding the bounced cheque.

  9. Witness Statements: If applicable, witness statements or affidavits supporting the claim.

Our best cheque bounce lawyers in Abohar will guide you through the process of gathering these documents and ensuring that your case is solid.

Legal Certification and Expertise Required

Our cheque bounce lawyers in Abohar are experienced professionals with LLB and LLM degrees from reputed law schools. They are registered with the Bar Council of India and have extensive experience in handling cheque bounce and other negotiable instrument-related cases.

With deep expertise in Negotiable Instruments Act and related sections of the Indian Penal Code, our lawyers provide clear legal advice and aggressive representation in both civil and criminal aspects of cheque bounce cases.

Case Study – Successful Cheque Bounce Recovery

Issue: The cheque bounced due to insufficient funds
Action Taken: We helped our client by sending a legal notice to the cheque issuer and initiating criminal proceedings under Section 138 of the Negotiable Instruments Act.
Result: The cheque issuer settled the debt and paid the client the full amount along with damages for legal fees.
Time Taken: 3 months
Outcome: The client successfully recovered the full payment, including additional costs.

FAQs – Cheque Bounce Law in India

Q1. What should I do if my cheque is bounced?
Ans: The first step is to send a demand notice to the person who issued the cheque. If they fail to make the payment within 15 days of receiving the notice, you can file a case under Section 138 of the Negotiable Instruments Act.

Q2. What is the punishment for cheque bounce in India?
Ans: A person found guilty of cheque bounce can face imprisonment for up to two years or a fine which can extend to twice the amount of the cheque or both.

Q3. Can I file a cheque bounce case even if the cheque is post-dated?
Ans: Yes, you can file a case if a post-dated cheque bounces when presented to the bank after the due date.

Q4. How long do I have to file a cheque bounce case?
Ans: You must file the case within one month from the date the cheque was dishonoured and after sending a demand notice to the drawer.

Q5. Can the drawer of a bounced cheque be arrested?
Ans: Yes, in serious cases, the drawer can face criminal charges and may be arrested if found guilty under Section 138 of the Negotiable Instruments Act.