Cheque Bounce lawyer in Thane: According to Section 138 of the Negotiable Instruments Act of 1881, it is illegal to bounce checks. Examine the bounce case. A check bounce case can occur for a variety of reasons. It is also referred to as dishonor of check. The check is a bill of exchange that must be paid by the applicant upon
The drawee is the person who writes the check, and the payee is the person who gets it. After the check's date, the check is good for three (3) months.
Here are a few points from the Best Cheque Bounce lawyer in Thane.
Once the check has been returned, the bank must be contacted. After that, within 30 days of the check being returned, a formal legal notice must be sent to the drawer.
The legal notice must state that payment must be made within 15 days of the drawer receiving the notice, failing which appropriate legal action under the N.I. act may be taken.
The drawer is required to retain the proof delivery after sending the notice.
The drawee may bring a complaint within the court's local jurisdiction.
For registering a complaint the drawee must have all the documents
1. The bank's memo regarding checks and checks returned.
2. Complaint in writing
3. Xerox or photocopy of legal notice
4. Letter of the oath/sworn affidavit
The complainant must file a criminal case in accordance with section 138 of the act if the drawer or payee fails to make the payment. against the drawer within 30 days of the notice's specified 15-day expiration date. Following the filing of the complaint, the accused will receive a summons from the court if it finds the complaint to be prima facie. The court may issue a bailable warrant if the accused refuses to appear in court after the summons has been served to him.
1. The accused/drawer is required to provide a bail bond upon his appearance in order to guarantee his presence at the trial.
2. The complainant has the right to testify in court and to present all original documentation supporting his complaint.
3. The accused was also given the chance to present his supporting documentation.
4. The arguments made by the parties during the last phase of the proceedings are heard by the court, which will then issue a ruling.
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