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Cheque Bounce Case

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Cheque Bounce Lawyers in Chennai

Dealing with a cheque bounce can be a daunting experience, often involving legal intricacies that require expert guidance. Under Section 138 of the Negotiable Instruments Act, 1881, a cheque bounce is deemed a criminal offense, also known as dishonor of cheque. This occurs when a cheque presented for payment is returned by the bank due to insufficient funds or other reasons.

Understanding the Process

When a cheque bounces, the following steps are crucial in seeking legal recourse:

1. Issuance of Legal Notice

Upon receiving information of the bounced cheque from the bank, it is essential to send a legal notice to the drawer within 30 days. This notice must specify the amount due and provide a 15-day window for payment, failing which legal action will be initiated under the Negotiable Instruments Act.

2. Documentation Requirements

To file a complaint, the drawee (the recipient of the bounced cheque) must gather essential documents, including:

Copy of the bounced cheque and bank memo
Written complaint detailing the circumstances
Photocopy of the legal notice sent to the drawer
Sworn affidavit or letter of oath affirming the complaint’s authenticity

3. Filing a Criminal Complaint

If the drawer fails to settle the dues within the stipulated period mentioned in the legal notice, the drawee can proceed to file a criminal case within 30 days from the expiry of the notice period. The complaint is filed in the local jurisdiction court where the incident occurred.

4. Court Proceedings

Once the complaint is filed, the court reviews the evidence to determine if there is a prima facie case. If so, the court issues summons to the accused (the drawer of the cheque). If the accused fails to appear despite summons, the court may issue a bailable warrant.

5. Trial and Judgment

During the trial, both parties present their evidence and arguments. The complainant submits original documents supporting the complaint, while the accused has the opportunity to defend with his evidence. After hearing both sides, the court delivers a judgment based on the merits of the case.

Expert Legal Assistance

Navigating through the complexities of a cheque bounce case requires the expertise of seasoned cheque bounce lawyers. Our firm specializes in criminal litigation, providing comprehensive legal representation to safeguard our clients’ interests and ensure a fair resolution in accordance with the law.

Conclusion

If you are facing challenges due to a cheque bounce, don’t hesitate to seek professional legal assistance. Our dedicated team of cheque bounce lawyers in Chennai is committed to guiding you through every step of the legal process, from issuing legal notices to representing you effectively in court proceedings. Contact us today to discuss your case and benefit from our expertise in criminal litigation. Your rights and financial interests deserve protection under the law, and we are here to advocate for you with diligence and competence.

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