Cheque Bounce Lawyer in Gurgaon

Cheque Bounce Lawyer in Gurgaon.

Cheque bounce, also known as dishonour of cheque, occurs when a bank refuses to honour a cheque due to insufficient funds or other reasons.

Types of Cheque Bounce:

1. Insufficient Funds
2. Signature Mismatch
3. Expiry of Cheque Validity
4. Stolen or Lost Cheque
5. Stop Payment Instruction

Cheque Bounce Procedure:

1. Issuance of Cheque: Drawer issues cheque to payee.
2. Presentation: Payee presents cheque to bank.
3. Dishonour: Bank refuses to honour cheque.
4. Notice: Payee sends notice to drawer within 30 days.
5. Complaint: Payee files complaint in court within 30 days of notice.

Cheque Bounce Laws:

1. Negotiable Instruments Act, 1881 (NI Act)
2. Section 138: Dishonour of Cheque
3. Section 139: Presumption of Dishonour
4. Section 140: Defence of Drawer

Consequences of Cheque Bounce:

1. Criminal Prosecution
2. Fine up to ₹1 lakh
3. Imprisonment up to 2 years
4. Damage to Credit Score
5. Civil Liability

Cheque Bounce Case Filing Process:

1. Filing Complaint: Payee files complaint in magistrate court.
2. Summons: Court issues summons to drawer.
3. Hearing: Court hears arguments from both parties.
4. Judgment: Court delivers judgment.

Cheque Bounce Case Documents:

1. Original Cheque
2. Dishonour Slip
3. Notice to Drawer
4. Proof of Service
5. Affidavit

Cheque Bounce Case Fees:

1. Court Fees: ₹100-₹500
2. Lawyer Fees: ₹5,000-₹50,000

Cheque Bounce Case Timeline:

1. Filing Complaint: 30 days from notice
2. Hearing: 6-12 months
3. Judgment: 1-2 years

Cheque Bounce Prevention:

1. Verify Account Balance
2. Ensure Signature Match
3. Use Cheque Validity Period
4. Avoid Stop Payment Instructions