A cheque is claimed to be honored if the banks give the money or amount to the payee. While, if the bank declines to pay the amount to the payee, the cheque is said to be dishonored. In other words, dishonor of cheque is a state of affair in which the bank refuses to pay the amount of cheque to the payee.
The Legal Court helps and provides you to consult the best Supreme Court and High Court lawyers in Jaipur in the case of dishonoring of cheque and in any other field of law such as criminal lawyers in Jaipur, civil services, family dispute lawyers in Jaipur, etc.
Cheques are used in almost every transaction such as repayment of the loan, payment of salary, bills, fees, etc. A wide majority of cheques are handled and cleared by banks on a daily basis. Cheques are issued for the grounds of securing proof of payment. Nevertheless, cheques remain a dependable method of payment for a lot of people. On the other hand, it is always preferable to issue crossed “Account Payee Only” cheques in order to avoid their misapply.
A cheque is a debatable instrument. Crossed and account payee cheques are not negotiable or debatable by any person other than the payee.
Legally or lawfully, the author of the cheque is called ‘drawer’, the person in whose support, the cheque is drawn is called ‘payee’, and the bank who is directed to pay the amount is called ‘drawee’.
The article given below provides information on what you may do if your cheque is dishonored?
Here’s a step-by-step guide to the legal process that is available to you
When a cheque is dishonored, the drawee bank there and then issues a ‘Cheque Return Memo’ to the banker of the payee mentioning the cause for non-payment. The payee’s banker then hands over the dishonored cheque and the memo to the payee. The holder or payee can resubmit the cheque within the period of three months of the date on it, if he has faith it will be honored the second time. Nevertheless, if the cheque issuer fails to make a payment, then the payee has the right to conduct legal action against the drawer.
The payee may legally sue the defaulter/drawer for the dishonor of cheque only if the amount mentioned in the cheque is as regards to the discharge of a debt or any other liability or accountability of the defaulter towards the payee.
If the cheque was issued as a gift, towards lending a loan, or for illegal purposes, then no legal action can not be taken against the drawer in such cases.
The (NIA)Negotiable Instruments Act, 1881 is applicable for the cases of dishonor of cheque. This Act has been amended a lot of times since 1881.
According to Section 138 of the Negotiable Instrument Act, the cheque dishonour is a criminal offense and is punishable by imprisonment up to two years or with a pecuniary penalty or with both.
If the payee decides to take action legally, then the drawer should be given a chance to pay back the cheque amount immediately. Such a chance must be given only in the formation of a notice in writing.
The payee has to send the notice to the drawer within the time period of 30 days from the date of receiving the “Cheque Return Memo” from the bank. The notice should specify that the cheque amount has to be paid to the payee within the period of 15 days from the date of receipt of the notice by the drawer. If the cheque issuer fails to make a fresh new payment within 30 days of receiving the notice, the payee has the fair right to file a criminal complaint under Section 138 of the (NIA)Negotiable Instruments Act, 1881.
Nonetheless, the complaint should be registered in a magistrate’s court within the time period of one month of the expiry of the notice period. It is requisite in this case to consult an advocate who is well versed and experienced in this area of practice to proceed further in the matter.
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On acquiring the complaint, along with an affidavit and relevant paper series, the court will issue a court order and hear the matter. If found guilty or culpable, the defaulter can be punished with a monetary penalty which may be twofold the amount of the cheque dishonour / bounce or imprisonment for a term that may be extended to two years or both. The bank also has the lawful right to put an end to the cheque book facility and close the account for repeat offenses of bounced cheques.
If the drawer makes payment of the cheque amount within the period of 15 days from the date of receipt of the notice, then the drawer has not committed any offense. Otherwise, the payee may proceed to file a complaint in the court of the jurisdictional magistrate within one month from the date of expiry of 15 days directed in the notice.
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