Cheque bounce case
Question asked on: 20/09/2015
Within what period of time can i expect justice for a check bounce case? (either I have to get money or action against the person who issued the check) . a. if he fails to pay, what would be the minimum and maximum legal action against that person?
What would be the approximate court expense and lawyer fee (pls mention yours) for under taking the check bounce case. (In my case the check bounce amount is RS 50,000).
Bouncing of a cheque invites criminal prosecution under section 138 of The Negotiable Instruments Act, 1881. Punishment for the offence under section 138 of NI Act is imprisonment up to two years or fine which may extend to twice the cheque amount or both. The offence is bailable, compoundable and non-cognizable.
The payee makes a demand for the payment by giving a notice in writing, within 30 days of the receipt of information by him from the bank. When the drawer fails to make payment of the said amount of money within 15 days of the receipt of the said notice cause of action arises. Complaint should be made within one month of the date on which the cause-of-action arises.
According to above mentioned legal provisions minimum 45 days is required for filing of complaint. It is complaint case and it follows summery procedure. Case will be registered on your complaint and notice will be issued to the accused. Court shall pass judgment on recording of statements and appreciating the evidence adduced from both parties.
If both parties are taking interest in deciding the case then it’ll take 6 months to decide. Otherwise it may take 1 to 3 years. I think Rs. 5000 will be the genuine fee for this case.
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Shivendra Pratap Singh
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