Cheque Bounce Lawyers and why do we need them?

Cheque Bounce Lawyers and why do we need them?

Everyone uses cheques in India. It is a means of transferring money easily. If you receive a Cheque from any debtor that has been dishonored or bounced, then the receiving party can issue a notice for a Cheque bounce against you. This also happens when someone has been given a court summons for a 138 Negotiable Instruments Act (NIA) complaint against them. In such cases, you need to hire a Cheque Bounce lawyer. In this article, we will understand why Cheque Bouncing occurs and why the most corrective measure for it is to hire a Cheque Bounce lawyer.

What are the reasons why your cheque gets bounced?

A cheque can get bounced for the many reasons mentioned below.

  • Signature: The bank can bounce your cheque if the signature of the drawer is missing from the leaf, or if the specimen signature record and cheque signature do not match. For this, you need a cheque bounce lawyer.
  • Deficient Balance: If the drawer cheque amount is larger than what is present in their bank account, the cheque will get bounced. It will report insufficient funds in the drawer’s bank account.
  • Amount: If the entered amount is with discrepancies in terms of figures or if the amount is written in words, the cheque will get bounced.
  • Account Number: The Bank will bounce your cheque if your bank account number is not legible or it is missing from the cheque leaf. There are multiple cases of blurring figures or the cheque leaf is not as per the 2010 standard of cheque truncation system (CTS).
  • Name: If the drawee’s or the payee’s name is not the same as the name of the payee’s account, the bank will bounce your cheque.
  • Overwritten: In case you have overwritten anything on your cheque, it will get bounced in no time.
  • Modifications/Alterations: In case of any tampering or modifications to the cheque leaf without your consent, the Bank will bounce the cheque, as a safety measure.

The Negotiable Instruments Bill’s section 138 deals with the dishonor of cheques, treating it as a criminal offense. As per the bill, if the cheque is bounced, the drawer of the dishonored cheque will pay twice the amount for compensation. In case you cannot pay this amount, then you will serve a jail term of two years. If the case is of severe intensity, you might have to pay twice the amount as well as serve two years in prison.

Legal Cheque Bounce Case at CaveatPetitions

In case of a legal cheque bounce case; there are three involved parties at CaveatPetitions:

  • Drawer, i.e., the person supposed to pay the stated amount in the cheque
  • Payee,e., the person who presents the cheque for clearance to the court
  • Drawee Bank, Here, drawee is the associated authority directed to pay the amount

In general, cheque bouncing is a common occurrence but one must not take it lightly. If your cheque is bounced and you get summoned to court, then you must contact a cheque bounce lawyer service to your aid.

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