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WHAT IS CHEQUE BOUNCE

In India, Cheque Bounce is a serious offense which is punishable by imprisonment and fine which is stated in Negotiable Instrument Act. The drawer of the cheque should present the cheque within 30 days from the date of dishonoring of the cheque just to protect his rights as stated in the Negotiable Instrument Act.  Bouncing off the cheque is a serious issue as served to the maker of the cheque that a legal proceeding shall be initiated against him if the amount is not immediately paid to the beneficiary.

When can Cheque bounce notice be issued?

The cheque must be presented within 6 months from the date of its issue.
The cheque must have been dis-honored due to non-sufficient fund.
The maker of the cheque has not paid the amount within 15 days from the date of serving the notice regarding the bouncing of the cheque.
The beneficiary has intimated the maker of the cheque within 30 days from the date of bouncing of the cheque.
The cheque has been provided for settlement of any past liability.



Cheque Bounce Notice Format


Date: _______________

To,

Name of the Issuer: _______________

Address: ________________________

________________________________

City, State, Pin Code:

Subject: Request for Payment.

Dear Sir/Madam,

You agreed to purchase from me the below mentioned goods from me on ________________ (Date) at the price __________ as per invoice number ____________.Description of the goods provided.

The goods were delivered at _______________ (address) on _________(date). As for the payment of goods delivered you issued a cheque in my favour bearing number ___________ (Cheque Number) dated ____________ on ____________ (Name of the Bank.The cheque was duly presented to the bank but the bank refused to make the payment with the endorsement (Insufficient Funds) vides __________ (Returning Memo No.) on ________ (Returning date of the cheque).In these circumstances, I would request you to pay me the above-mentioned amount of ? ___________ at the earliest.  Yours’s faithfully.________________





Court Process for filing a case

Court Fee –
Amount on cheque
Court fee
Rs. 0 to Rs. 50,000/-
Rs. 200
Rs. 50,000/- to Rs. 2,00,000/-
Rs. 500
Above Rs. 2,00,000/-
Rs. 1000
Memo of Advocate is essential at the time of filing a suit along with signatures of complainant.
After case is file by complainant in court, all documents are cross checked by Judicial Magistrate First Class, so original documents such as original cheque (bounced), original memo, copy of notice, receipt of post office, receipt of U.P.C., acknowledgement receipt, are required at the time of cross checking.
The period of limitation is also verified at this stage.
The Process Form, also known as the Bhatta, is filed by the complainant or lawyer, along with addresss of accused.
The court then issues a summons to accused for appearance in court on specific date.
If Accused does not appear in court on the date of hearing, the court issues a bailable warrant on the request of the complainant.
It the accused still does not appear before the court, the court may issue a non-bailable warrant of arrest.