Tushar Srivastava & Associates is one of the most reliable law firms that offers legal guidance for cases involving cheque bounce. Our Expert team of Cheque Bounce Lawyers in Delhi provides our customers with outstanding legal services that are sensitive to their needs and delivered in a timely manner while adhering to the highest standards of professional ethics. Our company has consistently adhered to the maxim that “timely service, best quality, and optimal cost” Our clients can expect counsel that is realistic, focused on finding solutions, and technically possible from us.
Why are we the Best Cheque Bounce Lawyers in Delhi?
These days, it is not unusual for checks to bounce when they are presented for payment in Delhi. Cheques are used to make payments for the vast majority of transactions, including the repayment of loans and the payment of fees for business-related purposes. There are times when cheques written for significant sums of money are not cashed and are subsequently returned by the bank on which they were drawn. Consult the Best Cheque Bounce Lawyers in Delhi for assistance with cases of this nature. Check dishonouring that falls under the provisions of Section 138 of the Negotiable Instruments Act is not technically considered a criminal offence; rather, it is classified as a quasi-civil proceeding, and it is brought before the Magistrate Court, regardless of the amount that was written on the check. In the event that your check was returned as unpaid, you would require the services of a expert lawyer to deliver the required legal notice to the other party. Tushar Srivastava & Associates offers a comprehensive answer to all of your issues.
Our Law Firm has been managing Cheque Bounce cases in a number of different ways, each of which has a result-oriented approach, is highly talented and ethical, and currently possesses outstanding professional expertise in the field of delivering legal practise and advice services. Services offered by Cheque Bounce Case Lawyers in Delhi include those in the areas of arbitration, tribunal, recovery, and property problems, as well as the design and vetting of a variety of contracts and papers.
INSTRUCTIONS TO FOLLOW IN THE EVENT THAT A CHECK BOUNCES:
- In the event that a cheque is returned unpaid, a notification should be delivered to the other party within a period of thirty days beginning on the day that a memo concerning the returned check is obtained from the bank.
- The notice of demand that is provided by the holder of the check should claim the amount for which the check has been returned unpaid and give the payee fifteen days to pay the amount that is being demanded.
- There is no cause for action to be taken until the expiration of these fifteen days or if the sum is paid within the stated length of time, whichever comes first. The other party has fifteen days from the time they received the notice to come to a resolution regarding the issue.
- After the completion of said 15 days, if the other party does not settle the matter or ignores the demand notice, then the holder of the check has the right to file a criminal complaint before the appropriate court within 30 days of the date that said 15 days came to an end.
- The complaint must state that the other party violated the terms of the demand notice.
- The filing of the complaint must take place within the jurisdiction of the court that oversees the location of the complainant’s home branch of the bank.
- In the event that the aforementioned case is filed after the expiration of the mandatory 30-day period, the complainant will be required to file a condonation of delay before the Honorable Court. If the complainant provides a valid reason for the delay along with evidence that supports it, the Honorable Court may provide relief.
- After the case has been admitted by the Honorable Court, the complainant is required to file verification under section 200 of the Criminal Procedure Code, and if the court is satisfied with the verification that the complainant has provided, the court may issue process against the opposing party or the accused.
- As soon as the accused receives the summons, he is required to come before the honourable court. While he is there, he may ask the court to grant him bail, and his plea may be recorded on the same day or on the next date.
- The complainant has the right to request the issuance of a warrant against the accused if the accused fails to appear at the next scheduled court date. The Honorable Court may issue a warrant against the accused if it is satisfied that the service of the summons was properly served on the accused’s last known address and that the service is proper in the eyes of the law. If the accused fails to appear at the next scheduled court date, the complainant has the right to request the issuance of a warrant against the accused.
- If the Honorable Court is not satisfied with the service of the summons to the accused, then in that case, he may direct the complainant to apply for fresh issuance of summons on the old address through the concerned police station or to the new address, if it is available by the complainant. This is only the case if the Honorable Court is not satisfied with the service of the summons to the accused.
- After the plea has been recorded, the complainant is required to submit an affidavit of proof by the next date, and the document may be displayed on the same day or the court may exhibit it on the next date, depending on when the complainant requests the court to do so.
- The court may next allow the accused or his counsel to conduct a cross examination of the complainant, and once the cross examination has been completed, the statement of the accused will be recorded in accordance with section 313.
- The case is then continued for argument, and a verdict is handed down either on the same date or the following date.
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