In India, everyone uses cheques as a convenient way to transfer money. Section 138 of the Negotiable Instruments Act of 1881 governs cases involving dishonor of cheques. However, one must seek the services of a cheque bounce lawyer if they obtain a cheque from a debtor which has been dishonored or bounced.
Parties to the Cheque Bounce Case
Drawer- The person who is responsible for paying the specific amount on the cheque.
Payee- The person who submits the cheque in front of the court for clearance.
Drawee- It is the associated authority that has been ordered to pay the money.
Reasons for Cheque Bouncing
Cheques can bounce for numerous reasons. They are:
Name- The cheque gets bounced if the name of the drawee or stated account payee's name does not match the name on the payee's bank account.
Overwritten- Any overwriting on the cheque causes it to bounce instantly.
Alterations and Modifications- The cheque gets bounced if the cheque leaf has been tampered with or altered without the drawee's permission.
Signature- The cheque bounces if the drawer's signature is not present on the cheque leaf or differs from the specimen signature on file with the bank. Hence, one must require a Cheque Bounce Lawyer to pursue further legal action.
Insufficient Balance- The cheque bounces if the drawer indicates a higher amount on the cheque than the balance in the bank account due to the lack of enough funds.
Amount- The cheque gets returned unpaid if there is any discrepancy between the amount stated on it in words or figures.
Account Number- If the drawer's bank account number cannot be seen, is missing from the cheque leaf, is blurred, or isn't based on the Cheque Truncation System (CTS) 2010 standard, the cheque gets bounced.
Reasons to Find a Cheque Bounce Lawyer
An individual must find a lawyer for a cheque bounce or fraud case due to various reasons, such as:
For Recovery of Money- An individual can consult with a lawyer if someone has paid them with a cheque that was returned unpaid or bounced due to inadequate money in the account where it was drawn. By pursuing the proper legal actions in accordance with Section 138 of the Negotiable Instruments Act, a cheque bounce lawyer can assist any individual in recovering the money with interest.
Drafting Legal Notice- If any individual hires a professional lawyer in a cheque bounce or fraud case, he can assist them by giving the drawer a statutory notice before taking any further action. When filing the petition, the lawyers represent any individual trapped in a cheque bounce or fraud case as the pleader under a Power of Attorney (POA).
Protection from Legal Trouble- It is essential to treat cheque bounces and cheque dishonor seriously because they are considered criminal offenses in India. If an individual employs a competent cheque bounce lawyer, they won't need to worry if a cheque written to someone bounced. By virtue of Section 138 of the Negotiable Instruments Act, they will undoubtedly receive a court summons. Therefore, finding and hiring a check bounce lawyer is wise since they will effectively handle the charges in the court against a cheque bounce case, protecting from incurring a huge penalty.
Negating the Penalty Imposed- Both the drawer and the payee are sued in every case where a check bounces. Therefore, in those scenarios, the lawyers typically advise the check issuer to use an account to continue paying even when there is insufficient money (overdraft account) in order to prevent such circumstances. In addition, they quickly assist in resolving the issue swiftly through the legal system.
Filing a Counter Case- It is sometimes observed that people accuse the payee of filing a fraudulent check bounce case. The lawyers can offer their experience to aid in this kind of circumstance. One can easily request compensation and costs, for handling a false lawsuit against the bank. They can also assist any individual in bringing a formal defamation suit against the falsely accused.
You will need a lawyer to draft legal notices and initiate legal proceedings in a cheque bounce or fraud case. If you want to file a cheque bounce case in Ghaziabad, then a cheque bounce lawyers ghaziabad can be appointed, and if you want to file a cheque bounce case in Lucknow, then a cheque bounce lawyers lucknow can be assigned. Likewise, cheque bounce lawyers bangalore can be assigned if you want to file a cheque bounce case in Bangalore.
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