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Cheque Bounce

Advocate Gagandeep Bhateja is an experienced lawyer specializing in cheque bounce cases. He provides expert legal guidance to both the complainant and the accused, ensuring that your rights are protected throughout the process. With a deep understanding of the laws surrounding dishonored cheques, he works to resolve cases efficiently and fairly. Whether you’re facing a cheque bounce charge or need to recover dues, Gagandeep Bhateja offers reliable representation.

Cheque Bounce Case are a popular form of payment nowadays, and post-dated cheques are regularly utilised in transactions. When this mode of payment gained popularity, there have been instances where the checks have been dishonoured or bounced, preventing the payee from receiving payment for the goods or services they provided. It was subsequently realised that this act of dishonoured or returned checks ought to be criminalised. As a result, inadequate funds in the drawer's account led to the criminalisation of writing checks in 1988. The Negotiable Instruments Act of 1881, an old British legislation, was mo to make such an offence a criminal.

Conditions Necessary To Commit The Offence Described In Section 138

  • • The drawer's cheque must have been presented to the bank during the cheque's validity period, which is three months from the date of issue
  • • The payee must first have given the drawer a written demand demanding payment of the specified amount within 30 days if the bank returned the check as unpaid for whatever reason, accompanied by a receipt for the information on the bank's cheque bounce
  • • The drawer has not yet made the required payment within 15 days of receiving the notice, even after it was sent.

Conditions Essential to a Successful Cheque Bounce

  • 1. Insufficient Funds: If a cheque is dishonoured due to insufficient funds or other reasons specified in Section 138
  • 2. Legal Notice: The payee must issue a legal notice within thirty days of the cheque being dishonoured.
  • 3. Nonpayment: Upon receiving a legal notice, the issuer has 15 calendar days to settle the payment.
  • 4. Debt Enforcement: A cheque is required to fulfil a legally binding debt obligation.

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Feel Free To Contact Adv. Gagandeep Bhateja.
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