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Best Law firm for 138 - Cheque Bounce Notice send in Jaipur & Rajasthan

Cheque bounce notices play an important

 role in Negotiable instrument related cases.Cheque bounce notice is a legal notice which is given to the drawee at the time of insufficient money in a bank account. Negotiable instrument act,1881 deals with cheque bounce cases. Sec 138 is one of the important sections in the Negotiable instrument act, 1881. According to section 13, Cheque is a negotiable instrument. The aim of cheque bounce notice is to increase the credibility of a cheque for easy settlement of liabilities. Though the Act is primarily a civil law to ensure smooth functioning of any transaction penal punishments were added.

Meaning of sec.-138 cheque Bounce Notice.

According to sec.138- dishonour of cheque for insufficiency etc.

When a person presents the cheque to the drawee bank, due to insufficient money in the account , the bank returns the cheque. This condition is called cheque bounce. Now within 30 days of receiving a memo of return from the bank, a notice should be served to the to demand the payment of the said money to the drawer. If the drawer fails to return the said money within 15 days from the date of getting notice of money. Another person has power to sue the drawer  in the court u/s 138 of NIA, 1881 till 1 month after the lapse of 15 days.  Due to dishonour of cheque from insufficiency.

if the drawer gives debt within 15 days, there is no offence.  If he fails to pay debt within 15 days, such person shall be punishable with imprisonment for a term which may extend to the two years or with a fine which may extend to the twice the amount of the cheque or with both.


Essential ingredients for cheque Bounce Notice

  • There should be a drawer that draws the cheque.

  • The cheque drawn should be in discharge of some liability.

  • Presentation of the cheque to the drawee bank.

  • The cheque returned by the bank unpaid on account of insufficient funds.

  • The cheque should be presented within six months from the date on which it was drawn or within the period of its validity, whichever is earlier.

  • Within thirty days of receiving a memo of return from the bank, a notice should be served to demand the payment of the said money.

  • The drawer fails to pay the said money within 15 days of the receipt of the said notice.

Illustration-  

On 1/1/21 seema (drawer) gives the cheque to Kavita (payee) of 1 lakh rupees on 2/1/21 At the time of presentation of Cheque in bank, Kavita  found that there is not sufficient amount in Bank. On 15 /1/21  Kavita sent a demand notice for unpaid money to seema. Still Seema didi not pay unpaid money to kavita. Now Kavita has power to sue Seema in court under sec. 138 of NIA, 1881 .


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Legal proceeding of Cheque Bounce Notice

According to sec 142 of NIA,1881, a complaint must be filed by the payee or holder in due course of cheque. If a payee is a natural person, he can file the complaint. If he is an artificial person like a company or firm, a complaint must be filed by a natural person.

In these cheque Bounce notice related cases, the punishment is punitive. It means the accused person has to bear criminal punishment and civil punishment as well. 

The aim of the Negotiable Instrument allows  the drawer to pay back the amount of cheque to the complainant, by providing statutory provision of serving notice to the drawer.

There is no role of mens rea in Negotiable instrument related cases.

Meaning of Negotiable Instrument 

Negotiable instrument deals with the transferrable documents. In lay man language, negotiable means transferrable and instrument means document. The document which is transferable from one to another. Negotiable instruments may be transferred either by delivery or by endorsement and delivery. According to section 13 of NIA, 1881 there are three types of Negotiable instruments.

  1. Promissory note-

It is a written instrument. It is a promise to pay a certain sum of money. It may be payable either on demand or on time. Maker or payee must be a certain person. It is unconditional.

  1. Bill of exchange

Through a bill of exchange, a certain person orders another person to pay a certain sum of money to a third person. It is payable either on demand or time. It may be pahale on order or to bearer. There are three benefits of the bill of exchange. It is double secure because there is the settlement of three parties through a single instrument.

  1. Cheque 

According to sec 6 of the Negotiable          instrument, a cheque  is an order by a person to a bank to pay a certain amount to a person.includes an electronic image of a truncated cheque and a cheque in electronic form. A person who orders to pay is called a drawer. A person whose  orders have been given is called drawee. Drawee is always a bank. Cheque is always payable on demand. Cheque is valid for a period of three months. Cheque includes electronic cheque and truncated cheque.



         

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