Has this ever happened to you? Cheque bounce occurs
when a cheque that is presented in the bank is returned unpaid. It could occur
due to insufficient funds in the bank account of the person who issued the
cheque or if the signatures on the cheque do not match with the original
signature of that person. You can proceed against the person who has issued
such a cheque under various provisions of law.
How can you file a complaint? Lawtendo is your answer.
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Notice is the first step of how to file case against cheque bouncing. Notice against bouncing of Cheque is to be issued within one month of the date of return of the Cheque by the bankers. Service of notice on the person issuing the Cheque is mandatory
The filing of the complaint is the second important stage of how to file case against cheque bounce and should be done carefully through a highly qualified lawyer. The complaint is to be filed before the Magistrate of the area concerned within 30 days from the date of dispatch of notice.
The court issues notice to the accused person or the person who has issued the cheque after the filing of the complaint and the said person is required to appear before the court and seek bail from the court and contest the matter if any friable issue is raised by him.
The evidence in support of the complaint is the cheque, the memo issued by the bank and the record showing the service of notice on the person who has issued the cheque.
The process of trial for cases is summary and the court has to take into consideration the records furnished by the complainant and the evidence in support.
The punishment as contained under Section 138 of the NI Act is two years and a penalty of the amount equal to two times of the amount as mentioned on the cheque.
-Original bank return memo
-Original postal receipt
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