Cheque Bounce Case Lawyer in Noida, Greater Noida, Gautam Budh Nagar
Cheque Bounce Case Lawyer in Noida
What is the procedure of Cheque Bounce Case?
In India, dealing with a cheque bounce case requires a thorough understanding of the legal framework provided under the Negotiable Instruments Act, of 1881. At our law firm in Noida, we specialize in handling cheque bounce cases with expertise and precision. If you are facing a cheque bounce issue, our experienced advocates are here to guide you through every step of the process.
Step-by-Step Procedure for a Cheque Bounce Case
- Legal Notice: The first step is to send a legal notice to the issuer of the bounced cheque within 30 days from the date of receiving the dishonored cheque. The notice should state the details of the bounced cheque and demand payment within 15 days from the receipt of the notice.
- Payment or No Response: After receiving the legal notice, the issuer has 15 days to make the payment. If the issuer makes the payment within this period, the matter is resolved.
- Filing a Complaint: If the issuer fails to make the payment within 15 days of receiving the legal notice, the holder of the cheque can proceed to file a complaint before the appropriate magistrate’s court or the metropolitan magistrate’s court within 30 days from the expiry of the notice period.
- Jurisdiction: The complaint must be filed in the court within whose jurisdiction the bank branch on which the cheque was drawn falls.
- Court Proceedings: Once the complaint is filed, the court will issue summons to the issuer to appear in court. Both parties will have to present their case and provide evidence to support their claims.
- Evidence: The complainant must prove that the cheque was issued for the discharge of a debt or liability, and it was presented within the validity period (three months from the date of issuance or any other period mentioned on the cheque). The complainant also needs to provide evidence of the dishonored cheque from the bank and the legal notice served.
- Defense: The issuer can present a defense, such as stating that the cheque was issued as a gift or was not for a legally enforceable debt. However, the burden of proving this defense lies on the issuer.
- Verdict: After examining the evidence and hearing both parties, the court will pass a judgment. If the court finds the issuer guilty, it can order the issuer to pay the cheque amount along with additional penalty and costs.
- Appeal: If either party is dissatisfied with the judgment, they can appeal to the higher court within the stipulated time.
Why Choose Our Lawyers For Your Check Bounce Case in Noida?
Navigating a cheque bounce case can be complex and stressful. Our law firm in Noida specializes in cheque bounce cases, offering expert legal support and guidance. We ensure your rights are protected and your case is presented effectively. If you are facing a cheque bounce issue, consult with our experienced lawyers in Noida for comprehensive legal assistance.
Contact us today to schedule a consultation with our expert cheque bounce advocates in Noida and let us help you navigate your cheque bounce case with confidence.