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Relating to bouncing cheque

kamesh (special assistent) (34 Points)

16 August 2020

payment received through cheque.
but, rejected by banker due to nil balance in the account of the person who gave check to me. what is the legal remedy can I choose ??

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6 Replies

divya gupta (trainee) (30 Points)
Replied 17 August 2020

According to Section 138 of the Act, the dishonour of cheque is a criminal offence and is punishable by imprisonment up to two years or with monetary penalty or with both. If payee decides to proceed legally, then the drawer should be given a chance of repaying the cheque amount immediately

kamesh (special assistent) (34 Points)
Replied 17 August 2020

Payee decides to proceed legally after giving drawer multiple chance for repaying the cheque amount. but not received any amount for over few months. what to do next?

divya gupta (trainee) (30 Points)
Replied 17 August 2020

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. It is essential in this case to consult an advocate who is well versed and experienced in this area of practice to proceed further in the matter.

kamesh (special assistent) (34 Points)
Replied 17 August 2020

Ok. anyway thanks.
thanks alot.

divya gupta (trainee) (30 Points)
Replied 17 August 2020

The complaint has to be accompanied by an Affidavit by the Payee or the complainant. The submitted documents and complaints will be examined by the concerned MM in order to confirm the commission of offence. Once the commission is made confirmed, then a summons will be issued for the hearing at the Summary Trial.