At present more and more payments are being made by cheque. In any business and family order, checks are being given to each other through people. dishonor of check check bounce Like more cases are happening in the court. Institutionalizing and Proceeding a Check Bounce Case is interesting for new lawyers and feels like a school where new lawyers understand a lot of system questions and procedures in getting this check bounce case instituted. through this article Information related to check bounce case is being given. This article is a document that the new lawyer can retain.
Negotiable Instruments Act Section 138 of 1881
check bounce case Under section 138 of the Negotiable Instruments Act 1881 is instituted. Whenever the person taking the check wants to take the money received by himself in cash or in his bank account, he puts the check in the bank on the stipulated date to encash the check, but due to some reasons the check may bounce. For example, the account has been closed from the bank, there is not enough balance in the bank account, or the check is refused to be credited to the account. Whenever a check is dishonored, the person taking the check on such dishonor has the right to file a case of check bounce.
check bounce is a criminal case
A check bounce case is a criminal case, the proceedings of which are accomplished through a criminal court magistrate’s court. Transaction cases are civil, but check bounce case is included in criminal case.
A check bounce case starts with a legal notice. When a check bounces A legal notice is sent by an authorized lawyer to the person giving the check within 30 days of the bounce of the check. In the legal notice, about the bounce of the check and the reasons for non-payment, and The person giving the check is requested to return the amount within 15 days. In case of any check bounce, the time for sending the legal notice has to be done within 30 days from the date of bounce of the check. Legal notice is sent after 30 days So the person receiving the check loses the right to institute a check bounce case in the court.
To mediate a check bounce, the person giving the check is given 15 days to pay the bounced check. After the expiry of that time, the party receiving the check gets the right to file a case of check bounce in the court within 30 days. The court may extend this 30-day time limit for any valid reason, but the reason must be justified.
how to send notice
The legal notice is sent by us through Speed Post or Register AD and the receipt obtained from it acts as a file in case of check bounce. The address of the person giving the check should be correct and legal notice should be sent to him at the same address.
Magistrate’s court determination
The case of check bounce is instituted in the court of the Magistrate of that police station area under which the bank belongs, the bank in which the check is made for encashment and the check is dishonored in the bank.
- In case of check bounce, there is a significant portion of the court fee. There are three stages of court fees in case of check bounce. The court fee at these three stages is paid by stamp. These three steps are as follows.
- For checks up to ₹100000, a court fee of 5% of the amount shown in the cheque is payable.
- A court fee of 4% of the amount is paid for checks ranging from ₹100000 to ₹500000.
- A court fee of 3% of the amount is payable for checks exceeding ₹ 500000.
Complaint letter is important. In case of check bounce, complaint letter is made in the name of magistrate’s court. In this complaint letter, all the points related to the transaction of the total transaction regarding payment are given to the Magistrate and this complaint letter also contains the affidavit of the complainant which is registered through Oath Commissioner. is |
- original copy of check
- dishonor receipt
- copy of legal notice
At the time of sending the legal notice, a receipt is received, called the service receipt, in which the date of sending the legal notice is given. That receipt has to be put in the files.
list of witnesses
If there is a witness in the case, a list of witnesses will also be put up.
register a case
When all the files are produced, the case is registered through the court and a case number is given through the court.
The parties to the case are summoned through the court and ordered to reach the court.
If the offender is not making his written statement in the case after reaching the court, then in such problems again the summons is sent through the court.
Be aware that this case is a criminal case, which is heard through the Magistrate’s Court. In this case, warrants are issued to call the criminal. If the criminal is not reaching the court through summons, then the court can issue any kind of bail or non-bailable warrant in the name of the offender to the concerned police station area as per its wish.
per test (Cross Examination
When the offender reaches the court, he requests the court to conduct a cross examination by making an application of section 145(2) of the Negotiable Act and through the court, the criminal party is allowed to cross.
In this case, the court considers that the person giving the cheque must be the culprit, that is, he has already given the cheque. The person taking the check is right somewhere.
Now here the delinquent party will prove that no check has been given through him. Here the burden of proving lies on the offender.
It is a summary trial/trial, which is attempted to be settled immediately through the court. In this, the defense does not have the same opportunity of evidence (evidence) for the defense, as the opportunity is in the trial/examination of the session.
This matter deserves to be settled. If both the parties want to settle the matter with the court by compromise, then the settlement is done and the matter is settled.
Improved in 2018. This amendment is section 143A of the Negotiable Instruments Act. Under this section, the complaining party may, by an application, request the offender to get 20% of his entire amount written in the cheque through the court and the court may, through its direction, request the offender to transfer such amount to the complainant. Can get
final argument of the case
If the offender does not settle the matter and wants to proceed with the case. In such a problem, after fixing the crime through the court, the case is kept for final debate and the final argument would take place between the two parties.
decision of the case
In the end, the matter comes to the judgment and the court can give rigorous imprisonment up to 2 years to the offender on conviction in this case.
It is a bailable offence, in which if the offender is convicted and he is imprisoned through the court. In such a problem, he can get bail by presenting him in a higher court. This charge can be settled at any stage.
In this article we have put you in court Detailed information is given about doing check bounce case. If you have any question related to this article, then you can ask through comment, we will respect your response.