Assistance for Victims of Cheque Dishonour
Sending the legal notice to the payee immediately upon acknowledging the “cheque return memo” is the recommended course of action. Our team of experienced lawyers specializes in drafting notices and will assist you in achieving a favorable resolution.
Essential Documentation
- Drawer and Payee particulars
- Duplicate of Dishonored Cheque
- Transaction Date
- Evidence of Cheque Bounce
How Y/our Lawyer helps in Victims of Cheque Dishonour ?
Our consultant will discuss the issue over a 24X7 helpline .
Step 1
Our consultant will discuss the issue over a 24X7 helpline .
Step 1
A detailed analysis of your case will be done by an experienced lawyer.
Step 2
You will be able to track your case with a personal account
Step 3
How Y/our Lawyer helps in Victims of Cheque Dishonour ?
Our consultant will discuss the issue over a 24X7 helpline .
Step 1
Our consultant will discuss the issue over a 24X7 helpline .
Step 1
A detailed analysis of your case will be done by an experienced lawyer.
Step 2
You will be able to track your case with a personal account
Step 3
Overview
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what is Victims of Cheque Dishonour ?
Victims of Cheque Dishonor refer to individuals or entities who have been affected by the non-payment or dishonor of a cheque issued to them. These victims are typically the payees of the cheques, who suffer financial losses and inconvenience when the cheques are returned unpaid by the bank due to insufficient funds, account closure, or other reasons.
Causes of Cheque Bouncing
Insufficient funds: The most common reason for cheque dishonor is the lack of sufficient funds in the issuer’s bank account to cover the amount mentioned on the cheque.
Account closure: If the issuer’s bank account has been closed or inactive, the cheque will be dishonored as there is no valid account to draw funds from.
Account freeze: In certain cases, a bank may freeze an account due to legal or regulatory issues, making the cheque invalid.
Signature mismatch: If the signature on the cheque does not match the specimen signature provided by the account holder to the bank, it can result in dishonor.
Post-dated cheque: If the date on the cheque is in the future, the bank may dishonor it until the specified date is reached.
Alterations or inconsistencies: Any unauthorized alterations, overwriting, or discrepancies in the information mentioned on the cheque may lead to its dishonor.
Technical reasons: Other technical issues such as a damaged or torn cheque, missing information, or improper formatting may also result in dishonor.
It’s important to note that the specific reasons for cheque dishonor can vary depending on the jurisdiction and banking regulations in place.
What Is The Procedure For Filing A Cheque Dishonour ?
Notice of dishonour: Once a cheque is dishonoured by the bank, the payee (the person to whom the cheque was issued) usually sends a legal notice to the drawer (the person who issued the cheque) within a specified period, typically 30 days from the date of dishonour. The notice demands payment of the cheque amount and warns of legal action if the payment is not made within the stipulated time.
Waiting period: After sending the notice, the payee must allow a reasonable time for the drawer to make the payment, usually 15 days from the receipt of the notice. This waiting period provides an opportunity for the drawer to rectify the issue and make the payment.
Filing a complaint: If the drawer fails to make the payment within the stipulated time, the payee can file a complaint before the appropriate judicial authority. The authority may vary depending on the jurisdiction, but it is generally a magistrate or a designated court for cheque bounce cases.
Submission of documents: Along with the complaint, the payee needs to submit relevant documents, including the original cheque, the dishonour memo received from the bank, the notice sent to the drawer, and any other supporting evidence.
Court proceedings: Once the complaint is filed, the court will examine the documents and may issue summons to the drawer. The drawer will have an opportunity to present their defense and explain the reasons for the dishonour.
Trial and judgment: The court will conduct hearings and examine the evidence presented by both parties. If the court determines that the cheque was dishonoured due to insufficient funds or any other valid reason, it may pass a judgment in favor of the payee, directing the drawer to pay the cheque amount along with any applicable penalties or legal costs.
It’s important to consult with a legal professional familiar with the laws and procedures of the specific jurisdiction to ensure compliance with local requirements when filing a cheque dishonour case.
What Happens After Filing the Complaint in a Cheque Dishonour Case?
Once the complaint is filed, the concerned court or authority acknowledges the receipt of the complaint and assigns a case number.
The court issues summons to the defaulter, informing them about the case and the need to appear in court. The summons typically include the date and time for the defendant’s appearance.
Both the complainant and the accused receive copies of the complaint and the summons. The complainant is informed about the court proceedings, while the accused is notified of the allegations against them.
On the specified date, both the complainant and the accused, along with their respective legal representatives, appear in court. The accused is given an opportunity to present their defense.
During the court proceedings, the complainant presents evidence to support their claim, such as the bounced cheque, bank statements, and any other relevant documents. The accused can cross-examine the complainant and challenge the evidence presented.
The accused presents their defense and has the opportunity to provide evidence or call witnesses to support their case. The complainant can cross-examine the defense witnesses.
Based on the evidence and arguments presented by both parties, the court reaches a decision. If the accused is found guilty, appropriate legal actions may be taken, such as imposing penalties, fines, or issuing orders for cheque repayment.
It’s important to note that the exact procedure may vary depending on the jurisdiction and the specific laws governing cheque dishonour cases. Consulting a legal professional familiar with the applicable laws and procedures in your jurisdiction is advisable for accurate guidance.