Court Form Procedure For Cheque Bounce Case
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FAQ
In cheque bounce case you are required to issue notice within 15 days of the cheque bounce and thereafter after receiving the acknowledgment receipt with 30days we are required to file the complaint. After filling of the complaint it shall take 6 months (legally) for recovering the money back.
The cheque bounce notice must contain the name of the cheque beneficiary, check issuer name and address, date of return of cheque, reason for return of cheque, request to make arrangement for alternate payment immediate and the words that the notice is issued under Section 138 of the Negotiable Instrument Act.
If the defendant can show that there were adequate funds to cash the cheque but that there were other factors contributing to the payment being halted, then section 138 of the Act would not be applicable. The accused is presumed to be innocent unless and until the contrary is established.
In that case, their respective banks charge for both the defaulter and the payee. The penalty charges for cheque outward return close to ?300 for most banks, while cheque charges inward return about ? 100.
Process of Cheque Bounce Suit Filing a complaint before the Magistrate after the expiry of 15 days of receipt of cheque bounce notice by the drawer. The payee/complainant has to appear before the court and provide the case details. ... The drawer will appear and accept or deny the facts stated by the complainant.