To file a cheque bounce case, first send a legal notice to the drawer within 30 days of the cheque bouncing, demanding payment within 15 days. If the drawer doesn’t pay within that timeframe, file a criminal complaint with the court within 30 days of the notice period expiring. The court will then conduct a trial, and if found guilty, the drawer can face fines or imprisonment.
Here’s a more detailed breakdown:
- Send Legal Notice:
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- Within 30 days:
After the cheque is dishonored, send a written legal notice to the drawer through registered post or courier.
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- Demand Payment:
The notice should demand the cheque amount and any associated bank charges or penalties.
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- 15-Day Response Period:
Give the drawer 15 days to make the payment from the date they receive the notice.
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- Proof of Delivery:
Keep proof of sending the notice, such as a postal receipt, to demonstrate it was sent.
- File a Complaint:
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- Within 30 days of the notice period:
If the drawer doesn’t pay within the 15-day timeframe, file a criminal complaint with the court.
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- Gather Documents:
You’ll need the bounced cheque, the bank’s return memo, the legal notice, proof of delivery, and any other relevant agreements or documents.
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- Jurisdictional Magistrate:
The complaint should be filed with the appropriate Judicial Magistrate’s court in the city or town where the cheque was drawn or dishonored.
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- Appear before the Magistrate:
You, as the complainant, will need to appear before the magistrate to make your statement and present your case.
- Court Proceedings:
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- Summons: The magistrate will issue a summons to the drawer, directing them to appear in court.
- Appearance and Plea: The drawer must appear in court and can plead guilty or not guilty.
- Trial: If the drawer pleads not guilty, the court will conduct a criminal trial.
- Examination of Witnesses: Both the complainant and the drawer’s witnesses will be examined.
- Final Judgment: If the drawer is found guilty, they can face penalties, including imprisonment for up to two years or a fine up to twice the cheque amount.
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