With around 20 lakh cases, the Indian Courts are overwhelmed with cheque bounces cases filed under Section 138 of the Negotiable Instruments Act, 1881. However, a large number of such cases are false cheque bounce cases to extort money from someone, or out of personal grudges to malign someone’s image. With large number of fraud cheque bounce case the question which has emerged over the time is how to escape from cheque bounce case?
To understand the fake case of a cheque bounce let us first understand what is a cheque bounce? A cheque is said to be bounced when it cannot be processed by bank for the want of non-sufficient funds in the account or for various other reasons inclusive of overriding on the cheque, payment stopped by account holder, signature not matching on cheque etc.
4 Things to do in a Cheque Bounce case
People who are accused in a fake cheque bounce case in India, unfortunately, end up facing the legal implications of cheque bounce case and paying money as they lack the relevant knowledge of the legal course to take if a false cheque bounce case is filed against them. Here’s what you can do to defend a cheque bounce case:
1. Keep a copy of relevant documents: Precaution is always better than cure! Keep a copy of all the relevant documents that prove that a transaction has been made through a cheque you issued. The payment invoice, copy of cheque, bank account statement, bank draft cheque etc. are some of the documents that you can keep as a proof of payment in a fake cheque bounce case.
Legal implications of Cheque Bounce in India
2. Contact your bank: When you receive information regarding bank dishonour of cheque from the cheque bearer, contact your bank immediately to get information whether the cheque has even bounced in the first place or not. If the cheque has actually bounced, the bank will notify you about the dishonouring of cheque and the reason why it dishonoured.
3. Send a reply to legal notice: If you have received a cheque bounce legal notice regarding a cheque bounce case, the first thing you should do is hire a lawyer for cheque bounce case to send a prompt reply to the cheque bounce notice. A period of 30 days is given under the Negotiable Instruments Act to send a reply to cheque bounce notice. The cheque bounce lawyer will draft reply to 138 notice the person accusing you of cheque dishonour. When a person has sent a false cheque bounce case notice, sending them a legal reply usually makes them withdraw their fraud case.
Legal remedies in case of Cheque Bounce in India
4. File a counter case: If the person files a false cheque bounce case against you in the court, you can file a reply to the case through a lawyer for cheque bounce case near you. You can also file a counter file of cheque against the person for filing a false cheque bounce case against you. You can also file a civil case for cheque bounce to claim compensation for false case the damages and expenses incurred for dealing with the bank fraud cases and a criminal case for filing a false case, along with a case of defamation against the person.
For more queries or confusion regarding the legal nitty gritty of a false cheque bounce case, ask for expert legal advice from us now!
It is possible to avoid the unnecessary legal hassle of a false cheque bounce case by consulting an experienced lawyer for cheque bounce case in India who can guide you about the correct action to take at the right stage before it’s too late. MyAdvo connects you with the best lawyers for cheque bounce case in India to deal with a false cheque bounce case.
Email us at firstname.lastname@example.org or call us at +919811782573.