Can I Send A Cheque Bounce Notice Without Any Lawyer?

December 24, 2022

Typically, a cheque is a written promise from the payer to the payee to pay a specific amount of money. The payee, usually referred to as the drawee, deposits this cheque at the bank. Ideally, the funds should be sent through the payer's bank from the payer's account to the payee.

In the current economic climate, cheques are regarded as a prerequisite for each transaction. When there isn't enough money in the account to cover the outstanding balance, an issue known as a cheque bounce occurs. The money needs to be retrieved right away. Before taking legal action, a letter requesting money is first given to the drawer. Sometimes a rapid settlement is made on the letter.

A "bill of exchange" that can be cashed right away is a cheque. The "drawer" is the person who writes the cheque, and the "drawee" is the person to whom it is made out. Cheque bounce notices are just a warning to the issuer that if the money is not paid straight away, the cheque's beneficiary may file a lawsuit.

Cheque bounce notice without any lawyer:

Yes, you can send a notification without legal counsel. You must, however, use caution when reading the information. The notice must be very explicit because it will be crucial for further proceedings. It would be sage to enlist the help of an accomplished lawyer. If you still want to go it alone, you might want to think about doing some research before sending a notice.

A notice of a bounced check must contain the following information:
The payee of the cheque's name.
Details regarding the cheque's issuer,
The deadline for returning the cheque,
Arguments in support of cheque returns
The cheque issuer was asked for immediate alternative payment.
That it was issued in accordance with Section 138 of the Negotiable Instruments Act.

Cheque bounce complaints must be made to a court in the city where the check was presented.

A notice of a bounced check must include the following details:

Reference to Section 138 of the Negotiable Instruments Act;
A notice must be provided within 30 days of the cheque issuer receiving the returned check.
It must include: Information on the cheque presentation;
Information on the demand for quick payment addressed to the cheque issuer;
The reason why the payment didn't materialize.

Legal Provision:

Section 138 provides more information on the dishonor of a cheque for insufficiency of funds in the account, etc. when a cheque drawn on a person's account with a banker to pay any amount of money to another person from that account for the discharge, in whole or in part, of any debt or other liability is returned by the bank unpaid. Because there isn't enough money in the account to cover the cheque's value or because it exceeds the amount planned to be paid from that account by a bank agreement, that person will be considered to have committed an offense and will, without affecting any other provisions of this Act, be punished with up to a year in prison or a fine up to twice the cheque's value, depending on the situation.

The payee or the holder of the cheque, depending on the circumstance, demands payment of the specified amount in writing and serves the drawer of the cheque with the notice. This is true if the cheque is delivered to the bank within six months of the day it was drawn or within the time remaining on its validity, whichever comes first. This type of cheque is drawn when the drawer fails to pay the given amount to the payee or, in some cases, the cheque holder in a timely manner within fifteen days of receiving the specified notification.

Within 30 days of the cheque's return, the beneficiary of the cheque must send the cheque issuer a cheque bounce notice in order to exercise their rights under Section 138 of the Negotiable Instruments Act.

It is advisable to consult a lawyer before sending a notice. If the jurisdiction is in Jaipur then Cheque Bounce Lawyers Jaipur can be appointed. Cheque Bounce Lawyers Noida can also be appointed if the cause of action is in Noida. Likewise, if the cause of action is in Chandigarh then Cheque Bounce Lawyers Chandigarh can also be appointed.

For appointing the best lawyers you can contact lawyers in Lead India. You can talk to a lawyer and ask a legal question. You can even seek free legal advice online.

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