Aurum Legal is a trustworthy law firm, their expert advocates are capable of handling & settling cheque bounce and dishonor cases in Delhi & NCR. They maintain the highest level of integrity & professional etiquette while delivering the legal services. The solutions that we provide to our clients are apt & feasible.
Cheque bounce cases are a common thing in India these days. For taking payment & making payment cheques are used on a large scale. Incase of cheque bounce or dishonor issues due to any reason, Contact our cheque bounce lawyers in Delhi & NCR to send the notice to the other party.
If debtor has made the payment to you through cheque that has either been bounced or dishonored for the lack of funds in the debtor’s bank account then our cheque bounce lawyers in Delhi, Gurgaon, & Faridabad will help in recovering the defaulted amount along with interest by taking all legal measures under section 138 of Negotiable Instruments Act.
We issue statutory notice to your debtor before taking the next step, We act as a pleader on your behalf on POA (Power of Attorney) while filing the petition
Likewise If your creditor has issued court summons to you under section 138 of NI Act then need not worry our expert lawyers will safeguard you from incurring massive liability by handling your cheque bounce case in an effective manner in the court of law
Cheque bounce or dishonor of cheques are regarded as criminal offence in India. Hence don’t take things casually & consult our experienced cheque bounce lawyers in Delhi & NCR.
A cheque gets bounced due to the following reasons:
1) Deficient Balance: A cheque gets bounced due to fewer funds available in the drawer’s bank account than stated in the cheque leaf.
2) Signature: If the drawer’s signature on the cheque leaf is missing, the difference does not match the specimen signature record with the bank.
3) Account Number: If the drawer’s bank account number is missing from the cheque leaf, not readable, blurred, or the cheque leaf is not based on CTS(Cheque truncation system) 2010 standard.
4) Amount: Stated amount in words on the cheque leaf does not match the amount in figures.
5) Overwriting: Anything on the cheque leaf is overwritten.
6) Name: Stated account payee(drawee)’s name does not match with the name of payee’s bank account.
7) Alterations or modifications: If any modification or tampering is done with the cheque leaf without payee(drawee) consent.
Step 1: For a bounced cheque, you should send a notice to the opposite party within 30 days from the date of memo. The notice must accompany the copy of the bounced cheque received from the Bank.
Step 2: The cheque holder’s notice should have a claim for the amount for which the cheque has been bounced. The claim notice should mention a 15 days period to settle the matter.
Step 3: The opposite party will have 15 days from the receipt of the notice to settle the matter. No action will be taken until the expiry of 15 days or if paid.
Step 4: If the opposite party fails to pay or settle the matter even after the completion of ‘15 days’, mentioned in the notice, then the cheque holder holds the right to file a criminal complaint before the appropriate court. The complaint can be filed within 30 days of the expiry of said 15 days.
Step 5: In case, it is beyond 30 days period, the court will not ignore the delay.
In the year 2018, the Negotiable Instrument Bill was amended and passed. The law states that dishonor of cheque belongs to Section 138 Cheque Bounce Act. It is also considered a criminal offense. As per the section 138, the drawer of the dishonored cheque is bound to pay the double amount as the compensation. If unable to pay, the drawer may get 2 years of imprisonment. The bearer may serve both physical and monetary punishments under severe cases.
If the drawer fails to pay the amount and the payee takes proper actions under the guidelines stated below, it will be considered as a dishonor of the cheque and a criminal offense:
In case, the drawer fails to respond/ignores or fails to pay the amount
In case, the cheque you received is bounced, you need to issue a notice to the person who has issued the cheque to you. This letter may include a threat to start the legal proceedings, if the person fails to pay the amount within the specified time period. The threat can be given under the Negotiable Instrument Act (NI Act) cheque bounce charges.
In most cases, the threatening letter is enough to make a settlement. However, if it doesn’t then a legal case can be filed under the following sections:
Section 138 Cheque Bounce of the Negotiable Instrument Act – This act is applicable if the drawer is an individual.
Section 141 Cheque Bounce of the Negotiable Instrument Act – This act is applicable if the drawer is a company or managing director.
The notice of demand/settlement for the Bounced Cheque should be sent within 30 days from the date of issuance of the bounced cheque. This letter is primarily issued as a warning to the drawer to pay the due amount or be prepared for the legal actions.
Our experienced and skilled Cheque Bounce Lawyers will help you format the legal notice in the right manner. It is very helpful in providing you with the amount and compensation within less period of time.
All of the points listed below should be stated in the letter:
The case includes three parties:
You can reach out to the top and experienced “Cheque Bounce Lawyers in Delhi” from Aurum Legal to handle matters related to banking matters & cheque bouncing.
We fight your case in all courts of Delhi & NCR region that are Saket court, Dwarka court, Rohini court, Tis Hazari court, Karkardooma court and Patiala House court, District Court Gurugram, Noida District Court, Faridabad District Courts etc.