Know your legal rights in case of cheque bounce

Dishonour of cheque

Important things to keep in mind
A demand notice should be issued within 30 days of receiving information and the demand notice issued will require the defaulter t pay back the amounts. One could then file the cheque bounce case if the person fails to pay within 15 days of the issue of the demand notice.

Documents Required:
The following documents are required before filing a cheque bounce case :
1) Original cheque and return memo
2) Copy of notice and original postal receipts.
3) Evidence affidavit.

Where can a cheque bounce case be filed?
There has been quite some debate regarding the area of jurisdiction of a cheque bounce case. But recent Supreme Court rulings have clarified the issue. The cheque bounce case should be filed in the area where the cheque was submitted by you, to be honoured.

Who can file a cheque bounce case?
Ordinarily, the payee of the cheque files the cheque bounce case. But in special cases, the case can also be filed through a power of attorney. An important thing to keep in mind is that it is mandatory for the complainant to appear before the magistrate and examined under oath.

What is a material alteration?
Changing the amount of the check, changing the name of the payee (the person to whom the check is given), or making other changes on the check, such as to the date or to the name of the drawee (the person from whose bank account the check is withdrawing funds) or paying bank can be considered as material alteration. If the cheque has been dishonoured and the bank finds out that there have been material alterations on the cheque, then you are not entitled to file a cheque bounce case.

How do I defend a frivolous cheque bounce case?
In certain business transactions, you may give a person a cheque as security. However, after the completion of the business transaction, the person may fraudulently try to encash the cheque. So the manner to defend a frivolous cheque bounce case is to show that there was no legal subsistence debt at the time the cheque was issued. Therefore, you will have to show that the cheque was given as a way of security and no debt existed at that point in time.

Alternative remedies
Civil suit for recovery could be filed. In serious cases and in cases where it is applicable, a criminal complaint about cheating could also be filed.

Cheque bounce case against companies and firms
If you want to file a cheque bounce case against your company or firm, the people you can file the cheque bounce case against are the directors and/or partners of the company or firm. You could even file a cheque bounce case against the firm or company.

[DRKFILMSindia]

Agar jo cheque hme diya hai usey cheque dene wale ne stop karwa diya toh hum kya legal action le sakte hai... kya hme hmara cheque amount milega legal action lene per... personal cheque hai...

[omnangalia]

Cheque bounce for insufficient funds must be decided in the court within 90 days of filing of case and or complaint without any exception

[farhanahmad]

Sir Mujy Ak bahi ne mere naam pe Cheque issue kiya orr woh uski company ka cheque hai. Usne cheque pe signature kiye han but apni company ki stamp nai lagai. Meine usse kaha ke mujy Stamp laga ke do but woh Ab keh raha hai keh meri stamp gum gai hai. Ab jeb mein bank pe prestent keron ga tu bank usko accept kare ga yaan nai ager accept kare ga tou sath mein kya slip lagaye ga? Tou yeh bhi dishonor ke case mein aye ga? Please guide

[UmeshMahadik]

agar hame ragister AD se defaulter ko notice bheji our usne notice accept karne se postman se inkar kiya to kya hame firse notice bhejne ki jarurat he kya?

[jayantabiswas]

Sir maine wife ka lon clear korne ke liye apna nam por jomin Bech ke lon clear kor Diya he.... Jisko jamin becha.. Bank draft ME Pament kiyatha... Bank draft mera OR mera wife ke jont account ME joma kiyatha fir wife ka lone account ME transfer huya.
Wife ne meroko cheque DE kor bolatha (wife gov. Job korti he ) service salary account se lone lega us din cheque dal dena.. But cheque bounce hogaya. Mei ne ligal notice vi veja...
Mera NIA. Act ME case korne ka Bad... 420, 406 ..act ME 2 bara Case korsakta

[jayantabiswas]

Sir mera wife ne Bank se lone liyatha meine grantar tha . But wife defoltter Ho gaya. Fer meri jomin jo Bank me grunter ke liye joma tha o jomin bech ke ( jomin jisne khorida usne drift ME Pament diya) joint account ME o pisa joma kiya.. But wife ne apna lone account me transfer kor liya.
(Wife gov. Job korta he)
Mereko cheque diya tha kuch din Bad (salary account se lon Lange bolkor) Pament denge Bol kor.... But cheque bounch ho gaya. Case korne se kuch faida hoga

[cspoonamyadav]

My uncle had stolen my non cts cheque and presented before bank and now cheque returned due to non cts. Now can he lawyer and filing under sec 138 ??can he do so..what is relieve for me

[jayantabiswas]

Sir cheqe bounce ke bad maine 5dayes ho gaya ligal Notice veje hua.. But ak golti ho gaya...legal notice ME date dalna vul huya he.. Ab ..mera kiya korna uchit he... Plz Help me..?

[bipinkishorekerketta]

Sir maine ek broker ko 70, 000 payment cheque ke through pay kiya tha 2013 mei, foreign bhaag gya hai, kya mai case kar sakta hai

[bharatsearch]

Sir,

I issued a Post Dated Cheque to
one Supplier. Who promised me to
supply a goods before the date of
Cheque. It is oral request no
written order given.

Now I realized he will not going to
supply me a goods i ordered.

So, if I issue Stop Payment Letter
to Bank & if Cheque gets dishonored
can he file a case against me.

Please advice

[gamingwithalishaa]

Thankuu So much ...for making such kind of videos...u guys rellly doing great job..make more videos like this

[MrBond]

hello sir,
Can action be taken if a GOODWILL cheque gets dishonored..
please advise
thanks

[kamalbuheja]

Sir, I reported lost cheque to bank as theft, but if someone submits the same in bank, would it be considered bounced as the account do not have sufficient funds ? Thanks a lot

[dushalwalia]

SELF CHEQUE ISSUED TO YOU BY SOMEONE.IS RETURNED AT THE CASH COUNTER

[VitthalBhingare]

sir plzz tell me in which area i can file a court case???? drawers bank or drawee bank???

[hiteshrajput]

koi cheque dene ke baad ..
janbujhkar stop payment karde to kiya action le sakte hai uspe?

[BalakrishnaGowrisingh]

Thank for explaining in simple Informative.

[yourchoice]

Hii
Bro mere paas mere company ka cheque hai kyuki company ne mujhe cheque diya tha aur bola tha ki agar wo payment n degi time pe to Mai cheque daal du
2 .5 month ka payment nahi diya hai. To mujhe kya karna chahiye

Cheque pe sign Kiya huaa hai amount aur date nahi hai

Sabse important ye Hai ki jo ACC ka cheque mujhe diya hai usme balance nhi hai

[beniprasadrathor]

Can we ask for the file of our case to be handed over to Lawyer?

[AbhishekSharma-odbp]

hello Sir someone gave me a cheque and cheque was bounce.. BT I have no address for that person.. what should I do??
I m go to police station, BT they said there is no role of police in a cheque bounce case