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Cheque Bounce

A cheque is an exchange bill drawn upon a delegated banker which is only payable on demand by the applicant. In a strict legal sense, the individual/ organisation issuing the cheque is named a ‘drawer’ and therefore the individual/ organisation in whose favour the cheque has been issued is named the ‘drawee’.

A cheque is said to be bounced when an unpaid cheque is returned by the bank, also referred to as dishonour of cheque. Cheque can bounce due to tons of reasons, as an example, due to insufficiency of funds in the account of the ‘drawer’ and lots of other reasons. The bank always issues a cheque return memo with the required reasons for non- payment when a cheque gets bounced (it might or might not be the primary instance of bouncing of the cheque). In India a cheque bounce is a criminal offence stipulated under Section 138 of the Negotiable Instruments Act, 1881. However, in case of a cheque dishonour, the aggrieved party can also file a civil suit along with the criminal complaint against the accused. It’s advisable to organize the cheque bounce complaint with the help/ assistance of an expert cheque bounce lawyer. The complaint must submit all the important/ useful evidences such as original cheque that was returned by the bank, the cheque return memo, demand notice sent against non-payment/ cheque bounce, receipts of legal notice and other relevant documents which will be used as evidence to support one’s legal standing that the accused is liable to pay the un-paid cheque’s amount with interest as deemed fit by the court for all the mental and physical trauma caused thanks to the court procedure. Once the whole trial is over and if the accused is found guilty, then he can be punished with a monetary penalty which can be double the cheque amount or be punished with imprisonment which may extend to two years or both.

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