Cheque is a type of a document that allows the bank to pay a person a certain amount of money from the account of the person who has issued the cheque. Cheque bounce is a situation that legally comes under section 138 negotiable instruments acts, it is not considered to be a criminal offence but it is better if such a situation is dealt on time. If a situation of cheque bounce occurs then it is advisable to contact a top cheque bounce advocate in Noida in order to take a legal action against the opposite party.
How is cheque bounce case filed?
- In case one wants to file a cheque bounce case against the other party then one has to take legal help from a cheque bounce lawyer and send a notice within 30 days from when the cheque bounce memo was received.
- The legal notice has to consist of the cheque amount and one has to provide atleast 15 days to resolve the matter.
- While the opposite party who is on the receiving end of the legal notice has 15 days from the day they received the notice. Till the completion of those 15 days no one can take any action.
- Once the 15 days are complete and the opposite party has still not resolved or settle the matter then the cheque holder can file a case and make a criminal complaint before the court against the opposite party.
- The case has to be filed within 30 days of the completion of the 15 days time.
So a cheque bounce has to be filed by following a proper process and you can find a top lawyer for cheque bounce in Noida to do the needful.
Documents required for filing a cheque bounce case
Following documents are required to file a cheque bounce case:
- The original copy of both the cheque issued and the return memo.
- The copy of the legal notice that was sent and also all the original receipts.
- The evidence of the affidavit issued.
Things to know
There are a few important things that one should be aware of regarding a cheque bounce case like:
- The cheque bounce case has to be filed in the same area where the cheque was submitted by the other party. This is a new rule issued by the supreme court of India in this matter.
- The payee of the cheque can file the cheque bounce case but it is important for the person filing the case to be present in front of court during the hearing of the same case.
If in case a cheque in case of a cheque bounce case was issued by a company or a firm then the cheque bounce case has to be filed against the director of that company or the partner in the firm. The case can be filed against the firm but it is better to file it against an authority. So this is how the case is filed and things to remember regarding it.