Cheque Bounce Notice

An Overview

A cheque bounce occurs when a cheque presented for payment is returned by the bank due to insufficient funds, mismatched signatures, or other reasons. Under the Negotiable Instruments Act, 1881, issuing a cheque that bounces can result in legal consequences for the issuer.

A Cheque Bounce Notice is a formal legal communication sent to the cheque issuer, demanding payment for the dishonored cheque. It serves as the first step before initiating legal proceedings.

Why is a Cheque Bounce Notice Important?

Mandatory Legal Step
Sending a notice is a prerequisite for filing a legal case under Section 138 of the Negotiable Instruments Act.
Resolution Opportunity
It provides the cheque issuer an opportunity to settle the dues within 15 days.
Documentation
Acts as evidence in court to show that a demand for payment was made.

How LegalMonk Can Help

Drafting the Notice
Professionally crafted notices that comply with legal standards.
Legal Consultation
Guidance on how to proceed if the payment is not made.
Case Filing Assistance
Support in initiating legal action if the issue is unresolved.

Steps Involved in Sending a Cheque Bounce Notice

Identify the Reason for Cheque Bounce
Verify the exact reason provided by the bank.
Draft the Notice
The notice should include details like cheque number, amount, and the reason for dishonor.
Send the Notice
Deliver the notice to the cheque issuer via registered post or courier.
Await Response
The issuer has 15 days from the receipt of the notice to respond or pay.

FAQ's

If the issuer fails to respond or pay within 15 days, you can file a legal complaint in the appropriate court within 30 days.
While email is an additional method, it is advisable to send the notice through registered post or courier to ensure legal validity.
The notice must be sent within 30 days of receiving the cheque return memo from the bank.
Yes, you can claim the cheque amount along with legal expenses and interest, subject to court approval.
Yes, the issuer may face penalties, including imprisonment for up to two years or a fine up to twice the cheque amount, or both.

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