You might think it should not be difficult to get somebody paid up whose cheque has got bounced... It's not a rocket science. However, the timing and strategies are exceptionally vital. Here are some answers concerning the steps included...
Criminal cheque bounce case
Send a letter (a demand notice) to the party who composed the check (the drawer), debilitating to launch transactions under the Negotiable Instruments Act (NI Act) if the sum due is not paid. The risk of arraignment can frequently work and bring about brief settlement. On the off chance that the drawer is an individual, the incidents might happen under Section 138 of the NI Act. In the event that the drawer is an organization, its overseeing chief could be generally indicted under Section 141.)
30 days time limit to send demand notice
The demand notice must be sent within 30 days from the date you found out the cheque issued to you has bounced. There is no recommended or any prescribed format for this notice. The prime purpose of this is just to demand payment and inform the issuer that he or she will be prosecuted if payment is not made within 15 days.
The concerned notice should contain the following information:
- The statement which states that you have presented the cheque for clearing within its period of validity
- Statement of debt or legally enforceable liability
- Complete details about why the concerned cheque has been dishonoured including the bank memo
- Calling upon the issuer that you have given him/her the time of 15 days before the legal process begins
A legal advisor is not needed to send this notice, however to be doubly certain, you may draft the notice yourself and get it "confirmed" by an attorney for a couple of hundred rupees. You may get kicked out of the chance to take this step, on the grounds that the notice frequently turns into the purpose of wild fight.
Note 1: A deferral (taking longer than the 30-day time limit) in documenting a protest before a justice may be pardoned by them in excellent circumstances, a postponement in sending the demand notice will dependably anticipate you beginning any future criminal indictment.
Note 2: If throughout the legitimacy of the cheque, after the interest notice has been sent by the payee, the drawer asks the payee to present the cheque again and it is once more disrespected, that doesn't imply that the drawer's opportunity restrain under the demand notice has expanded.
Note 3: Dishonour of a cheque because of the ceased of instalment is likewise secured under Section 138 of the NI Act.
Note 4: If the cheque was issued as a blessing, gift, or whatever available commitment which is not legitimately enforceable, the Negotiable Instruments Act will be of no utilization to you. In the event that the cheque was issued more than six months back, it has generally a lapse.
If you need any further information or clarification in this regard, please feel free to contact us or post your queries on our website where one of our exclusively appointed legal experts will help you more: www.delhi-lawyers.in