In case of a dishonoured cheque, if there is no payment within 15 days of sending legal notice, you need to file a criminal complaint in Court to recover the amount. MyAdvo will help you draft and file the cheque bounce case through an expert cheque bounce lawyer.
In a cheque bounce case, a legal notice needs to be sent first before filing of the complaint.
Timelines in a Cheque Bounce case
- The legal notice must be sent within 30 days from the date of bouncing of the cheque
- The legal notice provides the cheque issuer 15 days from the date of receipt of notice to make the payment
- In case the drawer fails to pay within 15 days, then a criminal complaint is to be filed in the Court within 30 days from the expiry of the 15 days
Steps involved in Cheque Bounce Criminal Complaint
Before your Payment
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REQUIREMENTS
Go through the detailed description on this page to understand the service
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CLARIFICATIONS
Connect with an expert via chat or request a callback to clarify any question
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BOOK THE SERVICE
Click on "Book this Service" to confirm your booking and initiate the process
After your Payment
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QUESTIONNAIRE
Once you finalise the service, you will have to fill out a questionnaire regarding details of cheque and invoice/bill
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DRAFTING OF COMPLAINT
Based on your responses, the lawyer will draft and share the complaint for your review and approval
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SENDING COMPLAINT COPY
Once you approve the draft, the lawyer will print the complaint on a legal size paper and send it to you for your signatures. You will have to send a signed copy of the complaint to the lawyer along with the required documents
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COMPLAINT FILING
Upon receipt of the signed copy, the lawyer shall file a Criminal Complaint in the Court
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COMPLAINT ADMISSION DATE
We will inform you of the date on which you will have to appear before the Court for admission of complaint
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ADMISSION OF COMPLAINT
On the date fixed by the Court, the lawyer will make preliminary arguments on your behalf and get the complaint admitted. The Court will issue summons to the issuer of the cheque (accused)
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APPEARANCE OF ACCUSED
The accused will appear before the court and file his written submissions
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TRIAL AND HEARING
The Court will conduct criminal trial in the matter which will consist of verification of documents, examination of witnesses and arguments
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DECISION BY COURT
The Court will state its decision by delivering a judgment
Payment Structure
- You are required to pay 100% of the fee to initiate the process
Required Documents
- Original postal receipt
- Photocopy of legal notice
- Original bank return memo (communication from bank of bouncing of cheque)
- Original cheque
Download Sample Files
10 Reviews
I had a similar experience. My lawyer didn’t show up or pick my calls. I called up the agent at MyAdvo and he assigned me to an inhouse lawyer who took care of the problem.
The lawyer I was put in touch with by MyAdvo didn’t pick up my calls but contacted me two days later. But the agent at MyAdvo was on call and got me another lawyer.
I actually came here after a disappointing experience with a similar legal consultancy. Here my problem was solved right after my first meeting with them. Too pricey though.
It was an okay service. Got my cheque bounce problem sorted. The price was a bit too high. Anyway, thanks!
I am a house broker. I helped one of my clients get a 4-BHK. He was very happy with the service and paid for my brokerage by cheque. The thing was the cheque he gave me bounced three times and when the fourth time I went to ask him for the money, it felt like he didn’t wanna pay me at all and that’s why he was making up fake cheques. I was very stressed and my wife was looking up ways online to conquer the problem. We discovered Myadvo. Their service was really nice they helped me fie a …
Really satisfied with MyAdvo’s service. I was in urgent need of money and I asked my partner, who I do business with, to give me my share. He gave me a cheque but it never came through and always bounced. I was so fed up with him. MyAdvo not only helped me file a case against him for cheque bounce but also helped me get out of the partnership deed.
I run a wholesale business of plastic bottles. One of my clients was not paying me at all and when I finally urged him to pay, they gave me a cheque which bounced. Again, he refused to pay and this was becoming a hassle. MyAdvo gave me sound legal advice and helped me file a case against this client. Really happy with their service.
Frequently Asked Questions
1. How to protect yourself against a false cheque bounce case?
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1. How to protect yourself against a false cheque bounce case?
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1. How to protect yourself against a false cheque bounce case?
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1. How to protect yourself against a false cheque bounce case?
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In case a false cheque bounce case is filed against you, you must first seek legal advice. It is important to file a reply in the Court stating your points of defence. Criminal complaint for cheque bounce can only be filed when there is an outstanding debt liability. You will have to establish that there is no outstanding payment required to be made by you. If the cheque was issued as a security deposit, gift or donation, you will be required to include this statement in your reply. You will have to disprove any obligation to pay and no outstanding financial liability.
2. Which court should I approach for filing a cheque bounce case?
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2. Which court should I approach for filing a cheque bounce case?
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2. Which court should I approach for filing a cheque bounce case?
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2. Which court should I approach for filing a cheque bounce case?
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A cheque bounce case (criminal complaint) is filed in the Court having jurisdiction over the area where the receiver of the cheque maintains their bank account.
3. Can I recover interest and legal expenses from the drawer of the dishonoured cheque?
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3. Can I recover interest and legal expenses from the drawer of the dishonoured cheque?
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3. Can I recover interest and legal expenses from the drawer of the dishonoured cheque?
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3. Can I recover interest and legal expenses from the drawer of the dishonoured cheque?
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Yes, you can recover interest and legal expenses from the issuer of the dishonoured cheque. However, you will have to file a separate summary suit (civil case) to recover such amounts. These amounts cannot be recovered from the drawer of the bounced cheque in criminal proceedings initiated under Section 138 of the Negotiable Instruments Act. In a cheque bounce case (criminal complaint), the issuer/signatory of the cheque can be punished with imprisonment for a maximum term of 2 year, or with fine extending to twice the amount of the cheque, or with both.
4. What is the average time in which a cheque bounce case is resolved?
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4. What is the average time in which a cheque bounce case is resolved?
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4. What is the average time in which a cheque bounce case is resolved?
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4. What is the average time in which a cheque bounce case is resolved?
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It is difficult to state an average time for resolution of a cheque bounce case. Depending on your state and district jurisdiction, the time taken in deciding cheque bounce cases varies. Typically, it could take around 2-3 years for a cheque bounce case to be resolved.
5. What is the procedure in a cheque bounce case?
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5. What is the procedure in a cheque bounce case?
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5. What is the procedure in a cheque bounce case?
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5. What is the procedure in a cheque bounce case?
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Section 138 of the Negotiable Instruments Act, 1881 provides for the procedure to be followed in a cheque bounce criminal complaint. Upon dishonour/ bouncing of cheque, as a first step, you have to send a demand notice to the cheque issuer to make the payment within 15 days. If they fail to make payment within 15 days of receipt of the legal notice, you can lodge a criminal complaint in the Court having jurisdiction of the area where your bank account is located. This criminal complaint must be filed within 30 days from the expiry of the 15-day time period.
Once the complaint is filed, the Court will go through the documents sent and verify them. Once the court is satisfied with your complaint, the accused is summoned by the court for a hearing. If the accused doesn’t appear in court, the judge can issue a warrant against the concerned person.
MyAdvo has a pool of expert cheque bounce lawyers who will help you file the criminal complaint in Court and represent you in the proceedings. In case the drawer fails to make payment of cheque within 15 days of receipt of the legal notice, you may contact MyAdvo for filing of criminal complaint. You have to keep in mind that timely action is essential to a cheque bounce case and the criminal complaint must be filed within 30 days from the expiry of the 15 day time period given in the legal notice.
I was having just the worst time with my boss. But the lawyer who was assigned to me helped me send a legal notice and my boss had to oblige. Thanks!