Cheque Bounce Legal Help in India – Expert Lawyers | Top Legal Help
Legal Solutions for Cheque Bounce Cases in India
Cheque bounce cases are common financial disputes in India and can have serious legal consequences. At Top Legal Help, our expert cheque bounce lawyers offer reliable legal support for Section 138 of the Negotiable Instruments Act, 1881, ensuring that you understand your rights and get the best legal outcomes. Whether you’re the complainant or the accused, our experienced legal team is here to help you resolve your cheque bounce issue efficiently.
What is a Cheque Bounce?
A cheque bounces when someone presents it for payment and the bank refuses to honor it because the account has insufficient funds, the account is closed, or a technical error occurs. Under Section 138 of the Negotiable Instruments Act, cheque bounce counts as a criminal offense, and the person who issued the cheque can face penalties or imprisonment.
Grounds for Filing a Cheque Bounce Case
✔ Insufficient Funds – The cheque is returned due to insufficient balance in the drawer’s account.
✔ Account Closed – The drawer’s account is closed or frozen at the time of presenting the cheque.
✔ Mismatch in Signature – The cheque signature doesn’t match the signature in the bank records.
✔ Post-dated Cheques – The cheque is dated after the date of presentation.
Steps to File a Cheque Bounce Case (Section 138 NI Act)
1️⃣ Issue a Legal Notice – The payee must send a legal notice to the drawer within 30 days of receiving the cheque bounce notice from the bank.
2️⃣ Wait for 15 Days – The drawer has 15 days to respond to the notice and make the payment.
3️⃣ File a Criminal Complaint – If the drawer does not make the payment within the specified time, the payee can approach a Magistrate’s court and file a complaint.
4️⃣ Court Proceedings – The court will hear the case, and if the Magistrate finds the drawer guilty, the court can sentence them to up to two years of imprisonment or impose a fine up to twice the cheque amount..
Legal Defenses in Cheque Bounce Cases
✔ No Liability – The accused may argue they had no legal liability to pay the cheque amount.
✔ Cheque Was Stolen or Misused – The cheque was not issued with consent or was fraudulently misused.
✔ Technical Deficiencies – Errors in the cheque format, signatures, or the cheque being post-dated.
How Our Lawyers Can Help You in Cheque Bounce Cases
✅ Legal Consultation: Understanding your rights under Section 138 of the Negotiable Instruments Act.
✅ Issuing Legal Notices: Professional drafting and sending of legal notices to the cheque issuer.
✅ Court Representation: Representing you in Magistrate court proceedings for both plaintiffs and defendants.
✅ Negotiation & Settlement: Attempting to resolve the dispute through mediation or settlement to avoid prolonged legal battles.
Why Choose Top Legal Help?
✔ Expert Cheque Bounce Lawyers – Experienced in handling criminal cases under Section 138.
✔ Fast & Confidential Legal Assistance – Get online legal advice or consultation.
✔ Affordable & Transparent Fees – Clear pricing and no hidden charges.
✔ Nationwide Legal Support – Available in Delhi, Mumbai, Bangalore, Chennai, Hyderabad, and all major cities.
Dealing with a Cheque Bounce? Contact Us Today!
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