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Taxolawgy

• Justice for All!
• Legal Financial Taxation

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About Us

• Taxolawgy is an online marketplace for providing
  highest quality of Legal and Financial services
  in the most transparent environment at affordable
  rates, while opening global business
  opportunities for experts like Advocates, CA, CS,
  etc.

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Cheque Bounce

• Cheque Bounce- The bouncing of cheques mean
  that upon presentation such a cheque is not
  honoured, in other words the amount that was
  promised to the payee is not fulfilled by the
  drawer. The bouncing of cheque is a criminal
  offence in India.

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What are the Documents required for filing a
complaint under section 138

• Below are the required documents
• Bounced/Dishonoured Cheques
• Bank Return Memo
• Legal Notice(demand) sent to the complainant
• Reply Notice (if any)
• Postal Receipts
• These all are the mandatory documents which you
  required for filing a complaint under section
  138. Once you provide all these documents, the
  legal expert then draft a complaint about you and
  attach certain other documents like evidence
  affidavit, Vakalatnama etc. Once the entire
  bundle is ready the case is filed.

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Reasons for cheque bounce

• Below are some of the reasons for cheque bounce
• Insufficient funds
• Signature not matching 
• Overwriting in cheque 
• Cheque was presented after the lapse of the
  period
• Account was closed
• Payment stopped by the person who gave the cheque
• Mismatch in the account number.
• Legal Remedy if a cheque has bounced
• The legal remedy when a cheque has bounced is
  provided under the Negotiable Instruments Act,
  1881. Section 138 of the Act states that cheque
  bouncing is a criminal offence which is
  punishable with up to 2 years imprisonment or
  with fine or both combined.  

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Fees for filing a complaint under Sec 138 of
Negotiable Instrument Act 1881

• The Court fees differ from state to state and
  depending upon the amount of the cheque against
  which the complaint is being filed.
• For claim value Rs 1,00,000 onwards the fees
  increases at Rs 200 for every Rs 10,000 or part
  thereof up to Rs 11,00,000 and over Rs. 11,00,000
  _at_ Rs 1200 for every Rs 1,00,000 or part thereof
  up to a maximum fee of Rs 3,00,000. 

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Procedure for Section 138 of the Negotiable
Instruments Act

• When a cheque has bounced you may either contact
  the other person if you are absolutely sure that
  they may honour the cheque or you can send a
  legal notice to the person who issued you that
  cheque demanding to make the payment.
• However, it is to be noted that the period of
  limitation for sending such a notice is 30 days
  from the date on which such a cheque was bounced.
• Once the notice has been sent and received by the
  other party as per the provision 15 days time is
  provided to the other person to reply.
• If there is no reply from the other party then
  the final stage is initiated i.e. to file a
  complaint. There is again a time limit of further
  30 days in which you need to file the complaint.

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How does Taxolawgy help you with any issue
related to Cheque Bounce?

• Provides free consultation by their team of
  experts.
• Connects with highly qualified lawyers, who
• Solve all your queries
• Help you submit the correct paperwork.

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Taxolawgy

• Hope you liked it!
• To know more about our legal, financial
  taxation services write to us at
  info_at_taxolawgy.com