Cheque Bounce Cases Notice Drafting and Consultant
The amount of the fine can be double the amount of the check. After filing the case, you can appeal to the court to get the check issuer some part of the check amount in the beginning. After this, the court usually gets 20 to 30 percent of the check amount in the beginning. In case of check bounce, you can also make a criminal case under the Indian Penal Code i.e. Section 420 of the IPC. This requires proving that the issuer of the check was dishonest. For this, the accused can face both 7 years in jail and fine. Along with this, let us also know that any check is valid for 3 months from the date of issue.
If you have been given a check by someone and you deposit it in the bank to cash it, then it is important that the issuer of the check has at least as much money as the check he has issued. If there is not enough money in his account, the bank dishonor the check. This is called check bounce. When the check bounces, a slip is also given from the bank. The reason for the check bounce is written in this slip.If the check bounces, the first person to issue a check within a month has to send a legal notice. In this notice, it is said that the check he gave has bounced, now he should give the amount of the check to him within 15 days. After this, you have to wait for 15 days, if the check payer pays that money in 15 days, then legal process has to be adopted, that is, the proceedings of the court case have to be done. So you can file a case in civil court under section 138 of Negotiable Instruments Act 1881. Under this, the accused can get both a 2-year sentence and a fine.