Dishonor of cheque or cheque bounce occurs when a cheque that is presented in the bank is returned unpaid. It could occur due to insufficient funds in the bank account of the person who issued the cheque or if the signatures on the cheque do not match with the original signature of that person or any other reason. You can proceed against the person who has issued such a cheque under various provisions of law. The most important and useful provision to consider is Section 138 of The Negotiable Instruments Act, 1881.
In case oof Cheque Bounce, the very first step is to send a demand letter or legal notice to the person who has issued the cheque also called as 'drawer'. You must take help from a lawyer to draft the legal notice. The legal notice must be sent within 30 days from the date on which the receipt of cheque bounce is given by the bank. However, if the drawer does not pay the amount within the stipulated period of 15 days from the date on which the legal notice is sent to him, then the aggrieved person can file a cheque bounce case against the drawer in such a situation.
The cheque bounce case should be filed in the area where the cheque was submitted by you, to be honoured.
Who can file the case?
The payee of the cheque files the cheque bounce case. But in special cases, the case can also be filed through a power of attorney. However, it is mandatory for the complainant to appear before the magistrate and examined under oath.
Filing Samadhan will assist you in sending Demand / legal Notice, filing your case and appearing before the court. For more details talk to our advisors.