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Is there any pre-condition to file cheque bounce case in court?

Is there any pre-condition to file cheque bounce case in court?

Ans.  

Before approaching the court, you must be sure to have read this checklist. The legal remedy to the drawee is available only if:

  1. The cheque was issued in discharge of a debt or liability, in whole or in part, and not as a gift or loan.
  2. You presented the cheque within the period of its validity;
  3. You have sent the defaulter a written demand notice within 30 days of the receipt of information of cheque bounce from the bank, giving 15 days for the payment of due amount, and
  4. The payment has not been made within the 15 days as provided in the demand notice.

It is only after the above that you have to engage a lawyer and approach the court with a criminal complaint under the provisions of Section 138 Negotiable instruments Act, 1881, within a period of 30 days from the date of the receipt of the Legal Notice.

Similiar Questions

Someone filed a case against me for cheque bounce. Is cheque bouncing a criminal offence? Please give me details about this.

Ans.  Yes, Cheque Bounce is a criminal offence. The offence of cheque bounce if dealt under Negotiable Instrument Act and it is a punishable offence. So Drawer/signatory of the cheque can be prosecuted for the offence and can be punished with imprisonment..

What if accused is ready to deposit the cheque amount during the pendency of the complaint?

Ans.  As per Hon’ble Supreme if the Accused is ready to compound the matter and to pay the cheque amount along with interest and other expenses as assessed by the Court by a specified date, the Court is empowered to dismiss the proceedings as provisi..

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