What Is The Time Limit For Cheque Bounce Case

In India, cheque bounce is a frequent problem that has long affected both businesses and individuals. To address this issue, the Indian government has nevertheless made some notable moves. To address cases of cheques being bounced, the government introduced the Negotiable Instruments Act, 1881.

Cheque Bounce Case: About

• According to the Negotiable Instrument Act, a Cheque Bounce case is a serious infraction that is punishable by a fine or even jail time. The drawer of the check must present the cheque within 30 days of the day it was dishonoured in order to maintain his rights under the Negotiable Instrument Act. 
• According to Section 138 of the Negotiable Instruments Act 1881, bouncing or failing to pay a cheque is a serious offense in India that is punishable by fines or even imprisonment.

Who Can File a Cheque Bounce Case?

• Since the complaint or case concerning a dishonoured cheque is submitted at the location in which the cheque was presented for honouring, the drawer is the one who files a case of a cheque bounce. 
• A case for dishonouring a cheque may be filed against any organization that does this as well as the individual.

Cheque Bounce Case: Circumstances of the Case

• When a bank is unable to process a cheque written by an account holder, it is known as a “cheque bounce.” 
• This may occur for a number of reasons, including insufficient money in the account, signatures that don’t match, previously presented post dated cheques, or other technical problems. 
• Determining the best course of action and the legal ramifications for the issuer and the payee depends on understanding the circumstances that led to a cheque bounce.

Time Limit for Cheque Bounce Case

• The beneficiary of the cheque sends the Cheque Bounce Notice to the defaulter by registered mail within 30 days of the cheque being returned unpaid. 
• When a cheque bounces, the beneficiary must request payment within 15 days, and the notice of the bounce must be properly written, detailing the type of transaction, the amount involved, the date the cheque was deposited with the bank, the date the cheque bounced, and the reason for the bounce.
• The payee may file a criminal complaint in court within 30 days of the 15-day notice period expiring if the cheque issuer fails to pay.
• Complaints about cheque bounces must be directed to the court in the city where the cheque was presented.
• Following the case’s admission into court, a hearing will be held, and in line with Section 138 of the Negotiable Instruments Act 1881, court orders will be issued.
• The cheque defaulter would have to appear in court to have the matter settled.

Following the occurrence of the bouncing incident, a party may only file a cheque bounce case within the time frame set forth by the legal framework. This time limit for cheque bounce cases is necessary to guarantee a prompt and equitable settlement of the issue.

A lawyer or attorney for the party must submit a legal notice on its behalf. Therefore, you must first get in touch with a knowledgeable advocate at Lead India Law in order to deliver a written notice of a cheque bounce. Since a cheque bounce notice is the first step in initiating a litigation process, it is highly recommended that you hire a lawyer for cheque bounces. 

The Lead India Law team has the requisite knowledge and expertise to draft these legal notices. In order to ensure that you are taking the proper steps to pursue justice, our experts will be able to gather important information for you and send the appropriate notice. Our team can effectively manage all legal documents.

For any type of legal assistance, one can talk to lawyer from Lead India. Lead India provides free online legal advice in India. With Lead India, one can ask free online questions of the experts in addition to getting free legal advice.