Cheque Bounce Case and it’s punishment l Section 138 of Negotiable Instrument Act 1881

Описание: A cheque bounce case in India, where a cheque is dishonored due to insufficient funds, is a criminal offense under Section 138 of the Negotiable Instruments Act, 1881. The drawer (issuer) of the cheque can face legal consequences, including imprisonment and fines.
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Legal Process:

1. Dishonor:
The cheque is returned by the bank unpaid, typically due to insufficient funds.
2. Legal Notice:
The payee (receiver) sends a legal notice to the drawer within 30 days of the dishonor, demanding payment within 15 days.
3. Complaint:
If the drawer fails to pay within the 15-day period, the payee can file a criminal complaint with the magistrate within 30 days of the legal notice.
4. Court Proceedings:
The court issues a summons to the drawer. If the drawer fails to appear, a warrant may be issued for their arrest.
5. Penalty:
If found guilty, the drawer can face imprisonment for up to two years, a fine of up to twice the cheque amount, or both.


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