What is a cheque bounce case and what to do if a cheque is a dishonour, how to escape:
Cheque bounce case how to escape, cheque bounce case under section 138 of Negotiable Instrument Act. After the dishounered of the cheque, the drawer bank issues a cheque return memo to the payee bank mentioning the reason for the dishonour of the cheque. However, thereafter payee bank hand over the cheque and return memo to the payee. Moreover, The holder in due course or payee can redeposit the cheque again within the period of 3 months. Moreover, the cheque bounce charges are different for each bank. Also, if the payee wants to file a case in court, he has to pay court fees i.e.2% of the cheque amount.
Section 138 Negotiable Instrument Act applies to the cheque bounce case or cheque dishonour cases. However, cheque dishonour offence is a criminal offence. The punishment provided for a cheque bounce case is imprisonment up to 2 years or compensation up to double the amount of cheque or with both.
Cheque bounce case comes under which case type -cheque bounce case comes under Negotiable Instrument act and it is summons type case.
Court procedure/cheque bounce case Kaise Kare/ filing procedure in Cheque bounce case –
The payee has to send demand notice within 30 days from the date of dishonour of cheque to the accused and asking him to pay the amount within 15 days. And if he fails to make the payment, the payee can file the cheque bounce case within the period of 30 days.
Evidence/Cross-examination in cheque bounce case and how to escape
the payee has to tell a very precise answer at the time of cross-examination. The payee should prepare well before cross-examination and the questions of cross-examination carefully. How to escape from a cheque bounce case? defence in cheque dishonour case/ cheque bounce case se bachne ke upay/ cheque bounce case se Kaise Bache – There are so many defences are available to rebut the presumptions u/s 139 of NI Act. It needs to carefully cross-examine the Payee when dishonour of cheque given as security/ issued as security.
Court fees in Cheque bounce case court fee in Tamilnadu –
However, up to 1 lakh- 5% and minimum Rs.200, 1 lakh to 5 lakh – minimum Rs.5000/- plus 4% on the amount over 1 lakh. More than 5 lakh – minimum Rs.21000/- plus 3% on the amount over Rs.5 lakh subject to maximum Rs. 1,50,000/-.
The case against partnership firm –
Further, Section 138 case can file against all partners who are vicariously liable to prosecute. The case against proprietorship firm – Section 138 case can file against the proprietor
- Appeal procedure – Appeal can file within 30 days from the date of Judgement. A judgement copy needs to attach along with the appeal memo.
- Compensation in cheque bounce case – up to double the amount of cheque.
- Can apply for a passport, if a case is pending– Yes, the accused can apply for a passport
- Bail-in cheque bounce case – Accused can get bail. It is a bailable offence.
- Advocate fees in cheque bounce case depend on the seniority of a lawyer.
- How to find advocates near – You can find on LawRato.com
- Notice: It is necessary to send notice within 30 days of dishonour of cheque
- Appeal: yes, an appeal can file within 30 days from the date of Judgement.
- If accused absconding – In case the accused absconded, the court can issue a non-bailable warrant against the absconding accused.
- Arrest warrant –If the accused is not appearing before Hon’ble court, the court may issue an arrest warrant.
- Acquittal in cheque bounce case – If payee could not prove his case or accused has rebutted The presumption u/s 139 of Negotiable Instrument Act. Court may acquittal the accused.
- The duration of a cheque bounce case depends upon the pendency of cases in a particular case. It may take 1 year to 3 years.
- Cheque bounce case details in Telugu/ Telugu – Same as mention above.
- Cheque bounce case Dhara cheque bounce case decision – Section 138 NI Act
- Case in Dubai – Tasheel Law Firm is dealing cases in cheque bounce case in Dubai.
- How much time for cheque bounce case/ how long does cheque bounce case take/ what is the time limit for cheque bounce case/ kitne din chalta hai – One year to three Years
- Cheque bounce case number – You can check on the court website.
- New rules in India in Hindi – N I Act amended time to time.
- Notice format in word – You can find in N I Act bare act.
- Full form of new Means Non-Bailable Warrant
- cheque bounce case result in Hindi – It may be conviction or acquittal
- reason for cheque bounce case – funds insufficient or stop payment
- recent judgement available on Indiakanoon.com in cheque bounce case
- cheque bounce cases Kerala/ cheque bounce case in Kannada/ cheque bounce case in Karnataka/ Hyderabad – law and procedure is same all over India
- cheque bounce case Indian kanoon – all judgements are available
- Consequences of cheque bounce case – It is a criminal offence and punishment is up to 2 years of imprisonment.
- Dishonour of cheque due to signature mismatch/ stop payment also comes under section 138 of NI Act.
- However, sometimes payee misuses the blank cheque. Online filing is not possible in some of the states in India. If a person is dead the case gets abated.