Section 138 of the Negotiable Instruments Act deals with the bouncing of a cheque or Cheque Bounce, the detailed procedure will be discussed in this article
When does a Cheque Bounce?
When a cheque is presented to the bank by the depositor but it is not cleared and is not paid then we say that the cheque has bounced.
Following are the main reasons for bouncing of the cheque :
Insufficient Funds
Stop Payment
Signature Not Matching
If your cheque has been bounced because of any of the following reason then you can file a case under section 138 of the negotiable instruments act in the District and Sessions Court, Faridabad.
Following are the Steps that are to be Followed –
Legal Notice / Demand Notice – Within 30 days of the bouncing of the cheque, a Legal Notice has to be sent to the drawer informing him that He/She will be prosecuted if the Payment is not made within 15 Days. It is advisable that such Legal Notice is sent through a good Lawyer in Faridabad.
In Such Legal Notice following points should be mentioned like –
Cheque Number, Date of Presentation, Date of bank Memo, Amount on the Cheque.
In case the Drawer does not make any payment or does not reply then you can file a complaint in the court within the stipulated time period of 30 days.
The Complaint would have –
Original Copies of the Cheque
Bank Memo
Legal Notice
Procedure in Court – On the First Day of the Court will admit by verifying the original documents and the period of limitation. After this court will issue the summon to the other party for being present in the Next Date of hearing. If the other party fails to adhere to the summons then a Non – Bailable warrant for arrest can also be issued by the court.
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