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Process To Get Free From Cheque Bounce Cases

  • Writer: Lead India
    Lead India
  • Jun 17, 2023
  • 3 min read

Cheque bounce cases, also known as dishonoured cheque cases or cheque fraud cases, occur when a cheque issued by an individual or a company is returned by the bank due to insufficient funds or other reasons. It is a legal offense and typically arises when the payee tries to deposit the cheque and it gets dishonoured.

The payee can then initiate legal action against the issuer by filing a complaint under the relevant laws, seeking recovery of the amount mentioned in the bounced cheque, and potentially pursuing criminal charges against the issuer.

Section 138: Negotiable Instruments Act

Section 138 of the Negotiable Instruments Act in India establishes that the dishonour of a cheque due to insufficient funds is a criminal offense. It provides a legal framework for addressing cheque bounce cases, offering recourse to the payee. If a cheque is dishonoured, the payee can issue a legal notice to the drawer demanding payment.

If the payment is not made within the specified time, the payee can file a complaint, and the court may impose penalties, including imprisonment and/or a fine, upon conviction of the drawer.



Documents Required Getting Free From a Cheque Bounce Case

The commonly needed documents are as follows-

  • Copy of the Bounced Cheque- Retain a copy of the bounced cheque, as it serves as crucial evidence in the case.

  • Bank Statements- You must obtain bank statements covering the period of the transaction and subsequent attempts to deposit the cheque. These statements can demonstrate the status of your account and any relevant transactions.

  • Payment Records- Gather any records or receipts showing that the payment mentioned in the cheque has been made subsequently, either through an alternate mode or by issuing a replacement cheque.

  • Correspondence- Keep copies of any written communication, emails, or letters exchanged between you and the payee regarding the cheque, payment, or any other relevant matter.

  • Legal Notice- Retain a copy of the legal notice received from the payee regarding the bounced cheque.

  • Proof of Dispatch or Delivery- If you have sent any communication to the payee, such as a response to the legal notice, keep proof of dispatch or delivery, such as registered post receipts or courier receipts.

  • Any Additional Agreements or Contracts- If there were any agreements, contracts, or terms and conditions related to the transaction, gather copies of those documents as well.

What is the Process to Get Free from Cheque Bounce Cases?

To navigate a cheque bounce case, consider the following general process-

  • Respond to the Legal Notice- Upon receiving a legal notice regarding a bounced cheque, promptly respond to it. You can either make the payment mentioned in the notice or negotiate a settlement with the payee.

  • Gather Evidence- Collect all relevant documents and evidence related to the transaction, such as proof of payment, communication records, and bank statements, to support your defense.

  • Consult a Lawyer- Seek the guidance of a lawyer experienced in cheque bounce cases. They will analyse the facts, review the legal aspects, and guide you through the process.

  • File a Reply or Appear in Court- Depending on the situation, your lawyer may help draft a reply to the legal notice or advise you on appearing in court for the proceedings.

  • Present a Strong Defense- Work closely with your lawyer to present a robust defense. This may involve challenging the validity of the case, proving lack of intent, or disputing the allegations made against you.

  • Attend Court Hearings- Attend all scheduled court hearings and comply with any orders or directions given by the court. Failure to appear or comply can result in unfavourable outcomes.

  • Explore Legal Remedies- If the case progresses and a judgment is rendered against you, discuss with your lawyer the possibility of appealing the decision or seeking other legal remedies available in your jurisdiction.

You will need the help of lawyers to help you get free from cheque bounce cases because the specific process and legal requirements can vary depending on the jurisdiction and the laws applicable to cheque bounce cases. Consulting with a lawyer will ensure that you receive accurate guidance based on the specific circumstances of your case.

Therefore, if you need the help of lawyers to get out of any cheque bounce case in Delhi, then cheque bounce lawyers in Delhi can be hired.

For any type of legal consultation, you can consult and talk to a lawyer at Lead India. You could get online legal advice in India free. Along with free legal advice online you can also receive free legal advice in India in return from Lead India.


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