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Cheque Bouncing Cases

Negotiable Instrument/cheque bouncing cases:

  • Sending cheque bouncing legal notice to the drawer of the cheque
  • Filing complaint and prosecution of complaint under Sec.138 of Negotiable Instrument Act
  • Defending prosecution of complaint under sec. 138 of N.I. Act.
  • Crl. Leave Petition against acquittal and Appeal under the Act.

Prior conditions for initiation of proceeding :

Legally, following conditions have to be fulfilled in order to invoke the provision of sec. 138 of N.I. Act for prosecution of the drawer of the cheque, which are:

The cheque should have been drawn by the drawer on an account maintained by him.

The cheque should have been returned or dishonoured because of insufficient funds in the drawer’s account.

The cheque is issued towards discharge of a debt or legal liability.

After receiving the notice, if the drawer doesn't make the payment within 15 days from the day of receiving the notice, then he commits an offence punishable under Section 138 of the Negotiable Instruments Act.