Cheque bouncing in India can occur for various reasons. However, you must file a criminal case if it becomes an offence. In this article, you will know the time duration to get a final judgement and the procedure to file a case against a cheque bounce in India
Cheque Bounce Case in India
Cheque bounce cases in India are considered equivalent to criminal cases. The cheque bounce can happen due to any number of reasons. But when the reason becomes a purposeful offence, it becomes a criminal case. Know about Duration for Court Judgment on a Cheque Bounce Case.
Cheque bouncing can happen due to many reasons. However, you will have to file a criminal case when it becomes an offence. Initially, the drawee’s bank issues a cheque bouncing memo. But if it continues for other reasons apart from the usual reasons, a bouncing case can be filed against the drawee. Further, they may have to go through a tough court procedure. In this article, you will know, how to file a case against a cheque bounce.
How to File a Case Against a Cheque Bounce in India?
In case a cheque gets bounced for other reasons apart from the usual reasons, then as per section 138 of the negotiable instruments act of 1881. The payee can file a civil or criminal case for the same. Moreover, they can follow the step-by-step procedure of the same that are mentioned below:
Step 1- Serve a Notice
The first step to filing a case against cheque bounce is to serve the Legal Notice Draft to the drawee. The notice can be sent through a registered post or speed post.
The purpose of issuance of the legal notice to the drawee is to ensure that the individual understands the cause of the cheque bounce. For instance, if the bounce has occurred due to insufficient funds in the drawer’s account, they can rectify the same.
Step 2- Lodging a Complaint
The second step for proceeding toward the bouncing case is to lodge a complaint with the help of an experienced lawyer. As per the second step, the drawee against whom the complaint has been registered has to appear before the court. In case if the drawee is innocent, then they have to prove their innocence and seek bail from the court.
Step 3- Provide Primary Evidence
Thirdly, the payee has to provide the primary evidence to prove that the cheque has indeed bounced due to the negligence of the drawee. For instance, the payee can present the memo from the drawee’s bank, and the record of a notice served to the drawee. The purpose of the same is to ensure that the drawee pays the amount to the payee as per the bounced cheque.
Step 4- The Trial Process
The next process is following the trial process. The trial process for the bouncing case is done as per section 138 of the national instruments act of India. The payee submits the evidence to support their case, and the drawee can cross-examine the evidence. Further, try to prove their innocence.
Step – Legal Action
What Is the Structure of Payment of Court Process Fees?
Every legal process in the court requires payment of court fees. Likewise, for bouncing cases, the complainant has to pay a sum of money as a court fee. Further, it varies from case to case. Moreover, it also depends upon the cheque amount that has been bounced. However, the standard court fee structure as the per cheque amount is:
|Cheque amount||Court fees|
|₹0 to 50,000||₹200/-|
|₹50,000 to 2, 00,000||₹500/-|
What is Relevant Evidence in a Cheque Bounce Case?
For filing against the cheque-bouncingcase, the payee must provide relevant evidence to support the case. Moreover, the payee is advised to consult expert lawyers from law firms like Vakilsearch.
The payee, along with the help of their lawyer, has to gather important and useful evidence like the original cheque, cheque return memo, demand notice, and other relevant documents.
Further, they have to provide evidence to support the legal standing of the accused. They are liable to pay an amount with interest as per the amount fit for the mental and physical trauma the payee has to go through during the court hearing process.
What is the Procedure to File a Civil Suit for Bounced Cheque?
There are different legal procedures regarding filing the bouncing case. One of the procedures is to file for a civil suit. The drawee can file for a civil suit to recover from the tedious legal battle. The summary suit as per order-37 of the code of civil procedure, 1908, can be used to recover the due amount.
As per order-37 of the code of civil procedure, 1908, the accused in the bouncing case needs to have the permission of the court to defend themselves
Remember, civil suits or summary suits are filed for utilizing them for recovery matters.
How Can a Lawyer be Helpful Bounced Cheque in India?
Considering the possibilities and provisions under the law, a professional lawyer can be beneficial in a bouncing case. Be it the drawee in the case or the drawer of the case; a qualified lawyer will help you accumulate and managing the paperwork regarding the bouncing case.
Further, they also provide the loopholes present in the cheque-bouncing case. Expert law firms like Vakilsearch will help you guide the entire bouncing case process. A professional lawyer can help the complainant understand the cheque-bouncing case’s legal side.
Further, they can also let the drawee know the legal consequences of the bouncing case. Moreover, they can take their client on the right path before opting for legal suits.
After all, a case like a cheque bouncing can also take up all the energy and time of the client and the accused. So professional lawyers help the client to compromise with the drawee by extending the due date and allowing them to rectify their mistakes.
So, if you happen to face a cheque bounce, consult a qualified and experienced lawyer. This will help the drawee and the complainant to prove themselves.
Overall, the court judgment in the cheque bounce case can take up to a year or two. But if the court gets clear primary and relevant evidence to support the case, then the judgment can also happen within a few months. Get in touch with the experts of Vakilsearch to know more.