Cheque bounce cases are criminal in nature, As per the provisions of Negotiable Instruments Act 1881, as these cases are criminal in nature, it is mandatory for every respondent / accused to take bail before the trial could proceed. These cases cannot be taken lightly as they are criminal in nature. The attendance of the accused/respondent is mandatory on every date of hearing, unless the concerned competent court does not exempt the physical attendance of the accused/cheque issuer. Also, as the cases are criminal in nature as per the Negotiable Instruments Act 1881, the Court may impose a penalty of double the cheque amount in addition to imposition of interest rate, which could vary from 10 to 18% per annum. Our team of cheque bounce lawyers in Delhi have been dealing with such cases regularly, and are also on panel of various companies, public and private, and are thus very well experienced in dealing such cases. Cheque bounce cases are very technical in nature and as per law the assumption is in favor of the person in whose favor the cheque has been issued and thus it needs great expertise to defend such cases.
Our cheque bounce advocates have the experience and expertise to file or defend such cases and are always there to navigate you through the complex legal system in order to resolve your legal issues pertaining to such cases. This process starts with consultation between our team of cheque bounce lawyers and the client, whereby as per the facts of the case, the case is evaluated and a strategy is made as to how the case is to be represented in the court, Thereby the pleadings is drafted accordingly and filed before the concerned court. The cheque bounce petitions are supposed to be filed with evidence affidavits, which at times could be very technical in nature and has the potential of affecting the case substantially. We firmly believe that every case is unique and may require a unique strategy to before the court. We have a good track record in getting favorable outcomes in cheque bounce cases, be it from the petitioner side or from the defense side. Our team of cheque bounce lawyers in Delhi is always available to address any of your concerns pertaining to cheque bounce cases/disputes.
A cheque bounce case arises when a cheque issued by an individual or business is returned unpaid by the bank due to reasons like insufficient funds, mismatched signatures, or a closed account. Under Section 138 of the Negotiable Instruments Act 1881, issuing a cheque that gets dishonored is considered a criminal offense in India, and legal action can be taken against the issuer. At Patrons Legal, our expert cheque bounce lawyers in Delhi provide comprehensive legal assistance, including drafting demand notices, filing complaints, and representing clients in court to recover their dues.
In India, a cheque bounce is treated as a criminal offense under Section 138 of the Negotiable Instruments Act. The consequences include a fine of up to twice the amount of the cheque or imprisonment for up to two years or both. The payee has the right to file a complaint within 30 days of receiving the notice of dishonor from the bank.
Yes, a cheque bounce case can be settled out of court if both parties agree to a compromise. In such cases, the complainant can withdraw the complaint after receiving the payment or an agreed settlement amount. Our lawyers at Patrons Legal are skilled negotiators who can facilitate out-of-court settlements, ensuring that your interests are safeguarded while resolving disputes amicably and efficiently.
The cost of hiring cheque bounce lawyers can vary depending on the complexity of the case, the experience of the lawyer, and the location of the legal proceedings. At Patrons Legal, we offer transparent and competitive fee structures, ensuring no hidden costs. Our team provides a detailed fee estimate during the initial consultation.
Yes, a cheque bounce case can be filed in the jurisdiction where the cheque was dishonored or where the issuer resides or conducts business. Our experienced cheque bounce lawyer can guide you on the right jurisdiction to file the case.
After receiving the dishonor notice from the bank, the payee has 30 days to send a legal notice to the drawer. If the drawer fails to respond within 15 days, the payee can file a complaint in a court of law within one month from the expiration of the 15 days.
Cheque bounce cases can take several months to a few years, depending on the complexity and the court's schedule. Our expert cheque bounce lawyers can help expedite the process and ensure timely justice.
Under Section 138 of the Negotiable Instruments Act, the penalty for cheque bounce may include imprisonment of up to 2 years or a fine of twice the cheque amount, or both, depending on the severity of the offense.
If the accused does not appear in court, the court may issue a non-bailable arrest warrant. The court may also decide to proceed with the case in the absence of the accused, which could lead to a conviction and subsequent penalty or imprisonment. At Patrons Legal, we ensure that our clients understand the importance of appearing in court and following the legal process diligently. If you are facing a cheque bounce case and are worried about missing a hearing, our expert lawyers can help you navigate the proceedings, protect your rights, and provide strategic defense to avoid severe legal consequences.
Patrons Legal provides expert legal representation for both complainants and defendants in cheque bounce cases. Our experienced cheque bounce lawyers assist in drafting legal notices, filing complaints, defending accusations, and representing clients in court proceedings under Section 138 of the Negotiable Instruments Act 1881.