Someone filed a case against me for cheque bounce. Is cheque bouncing a criminal offence? Please give me details about this.
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?
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..
Is complaint filed based on second legal notice after re-presentation of cheque is maintainable?
Yes, Complaint filed on basis of second legal notice is maintainable. Hon’ble Supreme Court in “Leathers vs. S. Palaniappan and Another” in 2013 held that:
“There is nothing in the provisions of Section 138 of the Negotiable..
Is there any pre-condition to file cheque bounce case in court?
Before approaching the court, you must be sure to have read this checklist. The legal remedy to the drawee is available only if:
The cheque was issued in discharge of a debt or liability, in whole or in part, and not as a gift or loan.