Best Cheque Bounce Lawyer in Delhi

FAQ'S

What is a cheque bounce case?

A cheque bounce case occurs when a cheque issued by a drawer is dishonored by the bank due to insufficient funds or other reasons, leading to legal consequences under Section 138 of the Negotiable Instruments Act.

What is Section 138 of the Negotiable Instruments Act?

Section 138 of the Negotiable Instruments Act, 1881, deals with the legal consequences of dishonoring a cheque and provides a legal remedy to the payee (the person to whom the cheque is issued) for recovery of the amount due.

What is the penalty for cheque bounce under Section 138?

Under Section 138, the drawer of a bounced cheque may face criminal prosecution, with penalties including imprisonment for up to two years or a fine of twice the amount of the bounced cheque, or both.

What are the steps to take in a cheque bounce case?

The first step is to issue a legal notice to the drawer demanding payment of the outstanding amount. If the payment is not made within the stipulated time, a criminal complaint can be filed before the appropriate court under Section 138.

Is there a time limit for filing a complaint in a cheque bounce case?

Yes, a complaint under Section 138 must be filed within 30 days from the date on which the notice demanding payment is served to the drawer of the bounced cheque.

Can a cheque bounce case be settled out of court?

Yes, cheque bounce cases can be settled out of court through negotiation and settlement between the parties involved. However, if a settlement cannot be reached, legal proceedings may continue in court.

Do I need a lawyer for a cheque bounce case?

It is advisable to seek legal representation from a qualified lawyer experienced in handling cheque bounce cases. A lawyer can guide you through the legal process, draft legal notices, and represent your interests in court proceedings.

What should I do if I receive a legal notice for a bounced cheque?

If you receive a legal notice for a bounced cheque, it is essential to respond promptly and seek legal advice from a lawyer. Ignoring the notice can lead to further legal consequences.

What are the possible defenses against a cheque bounce case?

Some possible defenses against a cheque bounce case include lack of intent to defraud, absence of debt or liability, and procedural irregularities in the notice or complaint.

How can Lal & Jain Advocates help with cheque bounce cases?

Lal & Jain Advocates specialize in handling cheque bounce cases with expertise and dedication. Our experienced lawyers can assist you in issuing legal notices, filing complaints, and representing your interests in court proceedings to achieve a favorable outcome.