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How Can I Find A Solution For My Cheque Bounce Case?

  • Writer: lead India
    lead India
  • Jul 26, 2023
  • 3 min read

If Check Bounce Then the bank returns it to the drawer unpaid for a variety of reasons, including insufficient money. They are also known as "dishonored cheques or cheque case." For a variety of reasons, the payment made by the drawer to the drawee is dishonorable. According to the law, the person writing the cheque is known as the drawer, and the person receiving the payment is known as the drawee.


The Act also contains the meaning of "cheque" as stated in section 6. A bill of exchange drawn on a specific banker that is not immediately payable elsewhere is referred to as a cheque. In a bank, it is a drawer's or depositor's order. The drawer, drawee, and payee are the three parties to a cheque. The cheque has a three-month expiration date that is predetermined. This implies that any cheque may expire or become void as of the date of issuance.


Some crucial actions to take in the event of false cheque bounce case:

Unfortunately, those who are charged with a 138 cheque bounce case in India find themselves having to pay money and deal with the legal repercussions of the case because they are unaware of their legal options in the event that a false cheque bounce case is brought against them.

  • Assembling all the necessary paperwork: When a person is falsely accused, the wisest and smartest course of action is to gather evidence that will prove him guilty of the allegation. In a similar spirit, compiling the required proof here would show my innocence and the bank's misconduct.

  • Make contact with the bank and request details about the returned cheque: The bank will send you a note if check bounces what happens notifying you of the situation.The following step is to contact them to learn whether or not it actually occurred and, if so, what caused it.

  • Obtain legal representation and respond to the bank's legal notice: A legal notice is not simple to write, and you should not take it lightly since once it is written and issued, you will be unable to amend its contents and will be required to adhere to them. You couldn't go back on the statement you made in your notice. In order to respond to the notification regarding the cheque bounce case that you would have received from the cheque receiver, you must speak with a lawyer who handles such issues. The response shall be delivered within 30 days from receipt of the notification.

  • You are legally entitled to bring a counter civil complaint against the individual who falsely accused you of a cheque bounce. You are eligible for payment for the erroneous charge. You are also entitled to compensation for any damages and expenses incurred as a result of managing the bank fraud case. Additionally, you have the option of suing the false accuser for defamation.

As the onus of evidence is with the accused in a cheque bounce case, he may use the defense to prove his innocence and submit a not-guilty plea. Any of the following defenses may be raised by the defendant:

  1. When a cheque is presented as collateral rather than as payment for a loan: To avoid breaking 138 cheque bounce of the Negotiable Instruments Act, the accused must prove in this defense that the cheque was made as a security deposit rather than to settle a debt or other obligation.

  2. Friendly credit is offered to cover the shortfall in finances: The requirement to pay the mysterious monetary quantity is exempt from the provisions of Section 138 of the Negotiable Instruments Act. A loan of unexplained cash, whatever of the amount, would not be subject to judicial recovery.

  3. Section 139 of the Negotiable Instruments Act: Until and till the opposite is shown, the accused is assumed innocent. If the accused offers a reply that casts reasonable doubt on the debt's capacity to be enforced in court, the prosecution may be unable to prove its case under Section 138 in such a situation.

To address the issue, Lead India provides data, legal services, and free legal advice online. The best advice in this scenario is to talk to a lawyer and ask a legal question.


Call Us: +91–8800788535

Email: care@leadindia.law


 
 
 

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