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Cheque Bounce case handling?
Steps in Cheque Bounce Cases;
- Direct Discharge of Liability:
- You have issued a cheque to the opposite party
- Op has presented your cheque in his bank account.
- Bank has returned the said cheque with remarks “insufficient funds”
- Cheque Bouncing is an offense under section 138 of NIA
- We have received a Legal Notice..
- Within 15 days of its receipt, we need to send a reply to the said notice with details that there is no legally enforceable debt against the cheque.
- If we wish to make payment against said cheque, then we have to make a demand draft of the amount equal to the cheque to discharge the liability
- On payment, no case of cheque bounce under section 138 of NIA is maintainable.
- Trial of case under section 138 of NIA
- OP filed a case u/s 138 of NIA
- We shall receive summons from the Honorable Court
- On the first day of appearance, we have to get a bail by presenting security equal to approx. 20% of cheque bounce amount.
- They will frame charges as Guilty or Not Guilty.
- Complainant shall tender evidence affidavit
- Cross-examination of the complainant
- Statement of Accused or Evidence along with Cross-Examination.
Consult Legal Consultants in Chandigarh
For any details contact a Legal Consultants, Cheque Bounce Lawyer, Criminal Lawyers Chandigarh
We can see status of our cases from official website of an ecourts