Cheque Bounce Notice

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Description

If you are facing any sort of matrimonial dispute, you can legally send a notice to your spouse before reaching to the courts as the last resort. Most matrimonial disputes get settled once they receive a legal notice. LawRato helps you send a legal notice drafted by an experienced advocate, which increases the chances of getting your matrimonial dispute resolved.

What's Included

a) Introduction call. A 15-minute phone call to know your advocate and talk about specific facts of your situation.

b) Draft of Legal Notice. The advocate will share the draft of the legal notice for your approval.

c) Dispatch of Legal Notice. Once the notice is finalized after your approval the advocate will dispatch the legal notice through registered post and share the tracking number.

What's Not Included

a) Filing of any case post sending out the legal notice is not included in this service.

You May Also Want To Know

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1. What is the punishment in a cheque bounce case?
The maximum punishment that can be awarded to the accused in a cheque bounce case is 3 years of imprisonment along with fine that can extend upto double the cheque amount.


2. How long after the notice has been served can I file a case against the drawer?
A case under section 138 of the Negotiable Instrument Act, 1881 can be filed within 30 days from the date of expiry of 15 days period from which the notice has been served to the drawer, i.e. 45 days from the date on which notice has been served.


3. What can I do if the time for filing a case under section 138 expires? 
If the time for filing a case under section 138 is expired, then another remedy available in such a case is to file a summary suit for recovery of money or initiate criminal proceedings under section 420 of IPC against the drawer within 3 years from the date on which the cheque is issued.


4. What is a summary suit for recovery of money?
Summary suit is a civil legal proceeding initiated for recovery of money due under any written agreement, cheque etc. These proceedings are different from normal recovery suit, as here the liability to prove that petitioner is not liable to recover any amount is on defendant for which he needs to obtain leave to defend from the court.


5. What can I do in case I do not know the drawer’s address? 
You need to know to address of the drawer for serving legal notice to him, in case you do not have any information regarding his current address then you can serve the legal notice to the last known address.


6. What is the average time in which a cheque bounce case is resolved?
The average time for resolution of a cheque bounce case depends on the district court you are filing your case before. The case load and infrastructure a court has, are factors to consider. A cheque bounce case will realistically take you anywhere from 1 to 2.5 years to conclude.


7. Which court should I approach for filing a cheque bounce case?
According to the Negotiable Instrument (Amendment) Act, 2015, a cheque bounce case can be filed in a court within whose local limit of jurisdiction is the bank to which the cheque is presented is situated.


8. Can I recover interest and legal expenses from the drawer of the dishonoured cheque?
Yes, you can recover interest and legal expenses from the drawer of the dishonoured cheque in a summary suit for recovery of money, but not in the proceedings initiated under Section 138 N.I. Act. However, under Section 138 N.I. Act the award may be higher than the cheque amount.

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