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Section 138 of the Negotiable Instruments Act, 1881, deals with the legal consequences of dishonoring a cheque due to insufficient funds or other reasons. It provides a legal remedy to the payee (the person to whom the cheque is issued) against the drawer (the person who issued the cheque) for recovery of the amount due.
Schedule a consultation with Lal & Jain Advocates to discuss the details of your case. During this session, our legal experts will assess the situation and provide personalized advice tailored to your needs.
We will assist you in drafting and sending a legal notice to the drawer of the bounced cheque, demanding payment of the outstanding amount within the stipulated time as per the provisions of Section 138.
If the drawer fails to make the payment within the specified period, we will proceed with filing a criminal complaint under Section 138 before the appropriate court on your behalf.
Our skilled lawyers will represent you in court proceedings, ensuring that your interests are protected and advocating for the recovery of the cheque amount along with applicable penalties and legal expenses.
Throughout the legal process, we will explore opportunities for negotiation and settlement with the drawer to reach a mutually acceptable resolution whenever feasible
Don't let cheque bounce issues disrupt your financial stability. Trust Lal & Jain Advocates to provide you with the legal representation you need to resolve cheque bounce cases efficiently and effectively. Contact us today to schedule a consultation and take the first step towards resolving your cheque bounce case with confidence.
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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.