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Cheque bounce cases are a common occurrence in the business world, and they can cause significant financial losses for individuals and companies. A cheque bounce occurs when a cheque issued by a person or company is returned unpaid by the bank due to insufficient funds or any other reason. In such cases, the payee can take legal action against the issuer of the cheque. Adv Seema Raut is Best Lawyer For Cheque Bounce Cases In Chembur.
In this article, we will discuss the role of a lawyer in cheque bounce cases, the legal framework governing such cases, and the steps involved in filing a case.
Legal Framework for Cheque Bounce Cases:
The legal framework for cheque bounce cases in India is governed by the Negotiable Instruments Act, 1881. According to the act, if a cheque is dishonoured due to insufficient funds, the payee can send a legal notice to the issuer demanding payment within 15 days. If the issuer fails to make the payment within the specified period, the payee can file a complaint under Section 138 of the Negotiable Instruments Act. Adv Seema Raut Best Lawyer For Cheque Bounce Cases In Chembur
Section 138 of the Negotiable Instruments Act provides for a criminal offence and attracts imprisonment of up to two years and/or a fine up to twice the amount of the cheque. However, it is important to note that the complaint must be filed within 30 days of the expiry of the 15-day notice period. Adv Seema Raut is Best Lawyer For Cheque Bounce Cases In Chembur.
Role of a Lawyer in Cheque Bounce Cases:
A lawyer plays a crucial role in cheque bounce cases. The following are the tasks performed by a lawyer in such cases:
- Legal Notice: A lawyer can help the payee draft a legal notice to the issuer of the cheque demanding payment within the specified period. The lawyer can also advise on the legal aspects of the notice and ensure that it complies with the requirements of the law.
- Filing of Complaint: If the issuer fails to make the payment within the specified period, the lawyer can help the payee file a complaint under Section 138 of the Negotiable Instruments Act. The lawyer can also assist in preparing the complaint and ensuring that it contains all the necessary details and documentation.
- Court Proceedings: A lawyer can represent the payee in court and present the case effectively. The lawyer can cross-examine witnesses, present evidence, and argue the case on behalf of the client. A lawyer can also ensure that all the legal formalities are followed and that the case proceeds smoothly. Adv Seema Raut is Best Lawyer For Cheque Bounce Cases In Chembur
- Settlement: In some cases, the parties may choose to settle the matter out of court. A lawyer can help negotiate a settlement between the parties and draft a settlement agreement that protects the interests of the payee.
Steps Involved in Filing a Cheque Bounce Case:
The following are the steps involved in filing a cheque bounce case:
- Legal Notice: The first step is to send a legal notice to the issuer of the cheque demanding payment within 15 days.
- Filing of Complaint: If the issuer fails to make the payment within the specified period, the payee can file a complaint under Section 138 of the Negotiable Instruments Act.
- Court Proceedings: The case will then proceed to court, and the payee will have to prove that the cheque was dishonoured due to insufficient funds or any other reason.
- Evidence: The payee will have to present evidence such as the cheque, the legal notice, the bank statement, and any other relevant documents to prove the case. Adv Seema Raut is Best Lawyer For Cheque Bounce Cases In Chembur
- Cross-Examination: The issuer of the cheque will also be given an opportunity to cross-examine witnesses and present evidence in their defence.
- Judgement: The court will then give its judgement based on the evidence presented and the legal provisions governing such cases.