Where can a cheque bounce case be filed?

Where can a cheque bounce case be filed?

The suit for cheque bounce can be initiated in the court of the city where the cheque was presented for payment. The case will be filed under Section 138 of the Act.

How do I file a case against a bounced cheque?

The first step after the cheque has been returned by the bank is not to register a legal complaint in the Police Station against the drawer (with/ without the lawyer) but is to send a formal demand legal notice/ letter to the drawer within the stipulated time of 30 days from the date the cheque was presented and …

What is the procedure after cheque bounce?

When a cheque bounces the first time, the bank issues a ‘cheque return memo’, stating the reasons for non-payment. The holder can resubmit the cheque to the bank within three months of the date on it, if he believes it will be honoured the second time. The other option would be to prosecute the defaulter legally.

Is cheque bounce a criminal case?

If a cheque is bounced citing insufficient funds in bank account, it is a criminal offence and the payee – the person or the bank – can file a complaint under Section 138 of the Negotiable Instruments Act.

What is the court fee for cheque bounce case?

Court fees is 10,000/- for 5 lakhs. The court in who’s jurisdiction you are to file the case is the branch area you have deposited your cheque. Do send him a statutory notice before filing the complaint within 30 days of the cheque being bounced.

How can I get bail in section 138?

Section 138 of Negotiable Instruments Act, 1881 provides that where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank …

What is the court fees for cheque bounce case?

What is the lawyer fees for cheque bounce case?

Popular Cheque Bounce Lawyers The legal cost would be 10 \% of total amount recovered. so for Rs. 50,500 cheque assuming the court agrees to award Rs. 1,00,000/- ( as per law you are entitled to upto twice the cheque value and otherside is liable to be put in jail for upto 2 years) you would incur Rs.

How long does iT take to get the court Judgement on a cheque bounce case in India?

How long does it take to get the court Judgement on a Cheque bounce case in India? If the case goes to court the judgement may take anywhere around 2 to 5 years to take effect. The legal recourse for cheque bounce cases is straightforward in Indian Law [under the negotiable instruments act].

How do I file a 138 case?

If the cheque issuer fails to make a fresh payment within 30 days of receiving the notice, the payee has the right to file a criminal complaint under Section 138 of the Negotiable Instruments Act. However, the complaint should be registered in a magistrate’s court within a month of the expiry of the notice period.

How long does iT take to settle a cheque bounce case?

A cheque bounce case will realistically take you anywhere from 1 to 2.5 years to conclude. The penalty amount is twice the cheque amount which should be more than enough to cover your expenses and the accused may just want to settle in the meantime.

Can I file cheque bounce case after 2 years?

No, you cannot file a case for cheque bounce on ground of lapse of validity of cheque. It is your fault if you fail to present a cheque to be cashed within 3 months of its validity.

How do I file a case if a cheque bounces?

You can file the case under Section 138 and 142 of the Negotiable Instrument Act at the place/Bank where the cheque was presented for encashment. FIR can be filed at the place where the cheque was bounced. Police after recording FIR shall send the case to court of competent Jurisdiction.

What is the timeline involved in a cheque bounce case?

The timeline involved in a cheque bounce case under Section 138 of the Negotiable Instruments Act has been given in detail below: The complaint should be filed before the Trial Court within 30 days of expiring 15 days period given for payment.

Can you go to jail for bouncing a cheque?

However, if you file a civil or criminal case against you, the NI Act, 1881 would apply. Section 138 of the Act states that any bounced cheque is punishable under the Act. And it can lead to up to two years of imprisonment, a monetary refund or both.

What is 20\% deposit in case of cheque bounce?

The Supreme Court has recently said that as per the amended Section 148 of the N.I. Act, the accused shall deposit 20 per cent of the fine or compensation awarded by the trial court to appeal against the order in a cheque bounce case.