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cheque bounce case

Cheque Bounce FAQ's

A cheque return memo is a note from the bank. It's given when a cheque bounces. The note will explain why the cheque couldn't be paid.
Yes, you can present a cheque to the bank again even if it bounced once. However, it's important to understand why it bounced the first time to avoid it happening again.
In most cases, you should wait 15 days before filing a complaint with the court. Make sure to send all of the necessary documents, as stated previously.
You cannot bring charges against the drawer if the bounced check was presented to you as a gift or was lent to you for the repayment of a loan installment.
Yes, you need to submit documents along with the complaint letter to the court. Documents such as the Cheque Return Memo, the original bounced cheque, a copy of the notice sent along with the acknowledgement receipts, and an affidavit stating evidences need to be sent to the court in original format.
If you don’t file a complaint within the stipulated 30 days, the case will lapse. However, in certain circumstances, the court may grant you an extension.
Yes, you can. A cheque dishonoured under the stop payment instruction is covered under the Section 138 of the NI Act. So, you have every right to press charges. This can be done only after you have sent a Demand Notice to the drawer.
The time taken to get the court judgement in a cheque bounce case in India depends on several factors such as the complexity of the case, the number of witnesses, and the court's backlog. However, as per the recent amendment in the Negotiable Instruments Act, 1881, the trial must be concluded within six months from the date of filing the complaint.
Yes, Section 138 of the Negotiable Instruments Act,1881 is bailable, which means that the accused can apply for bail and be released from custody while the trial is ongoing.
You can recover your money in a cheque bounce case by filing a complaint under Section 138 of the Negotiable Instruments Act,1881. After the complaint is filed, the court will issue a summons to the accused, and if the accused fails to appear in court, a warrant may be issued for their arrest. If the accused is found guilty, they can be ordered to pay the amount due, along with any additional penalties or charges.

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