Cheque bounce ? Contact Us
Need Lawyer for Cheque bounce Case? Contact Us.
We are into Legal/ advocate team who represents you in legal proceedings and provides legal advice. In a cheque bounce case, out advocate can help lead the case by:
Gathering and reviewing evidence:
Our advocate will review all the relevant documents, such as the cheque, the notice of dishonor, and any other supporting documents. They will also gather any additional evidence needed to support the case.
File a complaint: The advocate can assist you in drafting and filing a complaint with the appropriate court. The complaint should outline the details of the case and the relief sought.
Representing the client in court:
The advocate will represent the client in court and present the case on their behalf. This may involve examining and cross-examining witnesses, making legal arguments, and presenting evidence.
Advising the client on the legal process:
The advocate will advise the client on the legal process and help them understand their options and the likely outcomes of the case.
Negotiating a settlement:
If appropriate, the advocate may try to negotiate a settlement with the other party to resolve the case out of court.
If you are involved in a cheque bounce case and need legal representation, it is important to hire an experienced advocate who is familiar with the laws and procedures related to cheque bounce cases in your jurisdiction. An advocate can provide legal advice and representation in court, as well as assist you in gathering and presenting evidence and negotiating a settlement, if appropriate.
Legal Process in cheque bounce
Issuance of a notice of dishonor:
If a cheque bounces, the payee (the person who was supposed to receive payment) is required to send a notice of dishonor to the drawer (the person who issued the cheque). This notice must be sent within 30 days of the cheque being dishonored.
Filing a complaint:
If the drawer does not make the payment within 15 days of receiving the notice of dishonor, the payee can file a complaint with the appropriate court. The complaint must be filed within 30 days of the expiry of the 15-day period.
Service of summons:
The court will issue a summons to the drawer, directing them to appear in court to answer the complaint. The summons must be served on the drawer within 60 days of the filing of the complaint.
Appearance in court:
The drawer must appear in court on the date specified in the summons. If they fail to do so, the court may proceed with the case in their absence.
The trial will take place in court, and both parties will have the opportunity to present their evidence and arguments. The court will consider the evidence and arguments presented and make a decision.
If either party is dissatisfied with the court’s decision, they have the right to appeal the decision to a higher court.
Consequences of the Cheque bounce case?
Under the Negotiable Instruments Act, 1881, the punishment for issuing a bounced check is imprisonment for a term of up to two years, or a fine, or both. If the issuer of the check had the intention to defraud at the time the check was issued, the punishment may be more severe, with the possibility of imprisonment for up to three years.
It is important to note that the punishment for a cheque bounce case in Bangalore may also include the obligation to pay the amount of the bounced check, as well as any additional fees or damages incurred as a result of the bounced check. In addition, the issuer of the bounced check may be ordered to pay legal costs and other expenses related to the case.
Overall, our BlueChip Ca Legal advocate’s role is to provide legal representation and guidance to the client throughout the legal process and to advocate on their behalf to help them achieve a favorable outcome in their case.
advocate notice format that you could use:
To: [Name of issuer]
Subject: Cheque Bounce Case Advocate Notice
Dear [Name of issuer],
I am writing on behalf of my client, [Your name], to inform you that a check you issued to my client has been returned unpaid by the bank.
The check, in the amount of [amount of check], was dated [date of check] and was issued for [reason for check]. My client has incurred additional fees and damages as a result of the bounced check, and is entitled to recover these amounts from you.
I demand that you immediately pay the amount of the check, as well as any additional fees and damages incurred, in the amount of [total amount due].
If you do not comply with this demand within 7 days of the date of this notice, my client reserves the right to take legal action against you for the amount due.
Along with the notice, it is important to include all relevant documents to support your claim. Depending on the specific circumstances of your case, the documents you may need to attach to your advocate notice may include:
A copy of the bounced check: This should include the front and back of the check, as well as any endorsement or payment instructions.
A copy of the bank statement showing that the check was returned unpaid: This will serve as proof that the check was not honored by the bank.
Documentation of any additional fees or damages incurred as a result of the bounced check: This may include bank fees, late payment fees, or other expenses that you incurred as a result of the bounced check.
Any other relevant documents: Depending on the specific circumstances of your case, you may need to include other documents such as contracts, invoices, or correspondence related to the check.