Advice from Best Cheque Bounce Lawyers and Advocates in Delhi , NCR

Nowadays Cheque bounce cases are very common especially in business transactions. This, it is important for one to protect his business at any cost. It is considered convenient and best if one hires a professional Lawyer, LawChef has a team of amazing lawyers who has an experience of more than 10 years in this field. It is always best for you to consult the best lawyers when it comes business and keeping the source of livelihood safe. We will not only protect your business but also provide you the legal advice you need to sustain your business in the areas of Delhi and nearby. It is essential to understand the meaning of Cheque Bounce, According to the Negotiable Instruments Act of 1881 (the "Act"), a "cheque" is defined as a bill of exchange drawn on a specific banker and not expressed to be payable in any other way than on demand; section 138 of the act deals with Cheque Bounce.

Hire Lawyer for Cheque Bounce Case in Noida

If you’re dealing with a cheque bounce case in Noida, it’s essential to hire a competent lawyer experienced in handling such matters. Look for a legal professional who can navigate the complexities of cheque bounce cases, ensuring effective representation and guidance throughout the legal process. LawChef can help with hiring of advocates for cheque bounce cases. Cheque Bounce lawyers not only help you with the trial and arguments but with serving of Cheque Bounce notices as well. The criminal and civil penalties for dishonouring a cheque are mentioned in Section 138 of the Act when the drawer draughts a cheque to pay off a debt or liability in full or in part, but the bank refuses to honour the cheque when it is presented. In the event that the cheque is not honoured, the drawee's bank will send a "Cheque Return Memo" to the drawee's banker outlining the cause for non-payment.

The ingredients of the offences under Section 138 are:

• The cheque that is drawn by the accused is on the account maintained by him with a banker;
• The cheque amount is supposed to be in discharge of a debt or liability;
• The cheque is returned back unpaid due to insufficiency of funds or that the amount that exceeds the arrangement made with the bank at the very moment the cheque is returned unpaid the offence is committed.

The term outlined in Section 138 is two years in prison, a fine that may be increased to twice the amount of the violation, or both. It is a crime that is cognizable. The complainant must have submitted a written complaint of the offence to a court that is not inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class in accordance with the Negotiable Instruments Act, 1881. Within one month of the date the cause of action arises, this complaint must be filed.

The drawee may file a complaint at the jurisdiction's local limit in the following instances:

• The cheque is drawn;
• The cheque is presented;
• The bank returned the cheque;
• The notice of demand for payment is served by the drawee.

A non-bailable warrant can be immediately issued against the drawer under Section 417 and Section 420 of Indian Penal Code. In cases where there is more than one cheque that is bounced. The dissatisfied drawee may alternatively choose to initiate a civil lawsuit in an effort to obtain payment from the drawer. Under Order XXXVII of the Code of Civil Procedure, 1908, a summary lawsuit may be brought.

We can draw the conclusion that a bounced check can be prosecuted as both a civil and criminal offence, and that these lawsuits can be filed in the local courts or police departments where the cause of action first occurred. This does not, in any way, violate the prohibition against double jeopardy.

Despite the fact that the Negotiable Act of 1881 makes no mention of filing complaints in police stations, in some circumstances where there is a hint of criminal intent in the civil lawsuit, the case may be filed in the police station where the cause of action first materialised.