1. What is a cheque bounce case under Section 138?
When a cheque is dishonored due to insufficient funds, signature mismatch, or account closure, the payee can file a criminal complaint under Section 138 NI Act. Ravi & Associates helps recover dues Call +91 8920599818.
2. What is the time limit to file a cheque bounce case?
You must send a legal notice within 30 days of bounce and file a case within 30 days after notice expiry. Delays weaken your case Consult Ravi & Associates immediately.
3. What if the issuer pays after the legal notice?
If full payment is made within 15 days of notice, the case is closed. Otherwise, proceed to court. We draft legally sound notices Call +91 8920599818.
4. Can a company director be held liable for cheque bounce?
Yes, if the cheque was signed by them or they were in charge of company affairs. We help implicate responsible directors Contact Ravi & Associates.
5. What is the punishment for cheque bounce?
Up to 2 years imprisonment and/or a fine twice the cheque amount. Courts may also order compensation.
6. Can I settle a cheque bounce case out of court?
Yes, via compromise (Section 147 NI Act), but terms must be recorded in court. We negotiate settlements effectively Call +91 8920599818.
7. What evidence is needed for a cheque bounce case?
1. Original cheque
2. Bank memo (bounce reason)
3. Legal notice proof
4. Reply (if any). We help compile evidence Consult Ravi & Associates.
2. Bank memo (bounce reason)
3. Legal notice proof
4. Reply (if any). We help compile evidence Consult Ravi & Associates.
8. Can a cheque bounce case be filed online?
Some courts allow e-filing, but physical appearances are mandatory later. For seamless filing, contact Ravi & Associates.
9. What if the issuer’s address is unknown?
Serve notice via newspaper publication and court permission. We handle such complexities Call +91 8920599818.
10. Can a post-dated cheque trigger Section 138?
Yes, if bounced on the due date. The liability arises only after the date written.
11. What if the cheque was issued as security?
Still enforceable if bounced, unless proven it was misused. Defend your case with Ravi & Associates.
12. Can a cheque bounce case be filed against an NRI?
Yes, if the cheque was drawn on an Indian bank. Serve notice via embassy channels—we assist NRIs.
13. What if the issuer dies before the case is decided?
Proceed against legal heirs or estate. Complexities require expert help—call +91 8920599818.
14. Can a civil suit be filed along with a cheque bounce case?
Yes, for recovery, but Section 138 is faster. We strategize dual actions—consult Ravi & Associates.
15. What if the cheque issuer files a false counter-case?
We defend against frivolous claims and seek costs—contact our litigation team.
16. Is a lawyer mandatory for a cheque bounce case?
No, but procedural errors can delay justice. Ravi & Associates ensures airtight cases.
17. Can a cheque bounce case be transferred to another city?
Yes, under Section 142(2) if the drawer resides elsewhere. We handle transfers—call +91 8920599818.
18. What if the issuer claims the cheque was stolen?
They must file an FIR and prove lack of liability. We counter such defenses effectively.
19. Can a company sue for cheque bounce by its employee?
Yes, if the cheque was for official transactions. We advise corporates on recovery—contact us.
20. What if the issuer declares bankruptcy?
Section 138 still applies unless insolvency proceedings bar recovery. Complex cases need experts.
21. Can a cheque bounce case be quashed?
Yes, via High Court under Section 482 CrPC if settlement is reached or technical flaws exist.
22. What if the payee’s name was misspelled on the cheque?
Valid if the payee can prove identity. We help establish legitimacy.Call +91 8920599818.
23. Can a cheque bounce case be filed for a partial amount?
No, the full amount must be dishonored. Partial payments don’t attract Section 138.
24. What if the cheque was issued by a partnership firm?
All partners are liable unless proven otherwise. We implicate responsible parties.
25. Can a government cheque bounce case be filed?
No, Section 138 doesn’t apply to government cheques. Alternative remedies exist—consult us.
26. What if the drawer’s account was hacked?
They must prove unauthorized transactions via bank/FIR. We challenge such claims.
27. Can a cheque bounce case be filed after 3 years?
No, limitation is 1 month from cause of action. Delayed cases are dismissed.
28. What if the issuer settles after court summons?
The court may compound the case under Section 147. We negotiate favorable terms.
29. Can a minor’s cheque bounce case be filed?
No, minors lack contractual capacity. Sue their guardian if applicable.
30. What if the payee delays depositing the cheque?
Cheques are valid for 3 months. Beyond that, Section 138 doesn’t apply.
31. Can a cheque bounce case be filed for a stale cheque?
No, cheques older than 3 months are stale—file a civil suit instead.
32. What if the issuer claims the cheque was a gift?
They must prove no debt/liability existed. We dismantle such defenses.
33. Can multiple cheques trigger separate cases?
Yes, each bounced cheque is a distinct offense. We handle bulk filings efficiently.
34. What if the drawer’s signature differs slightly?
Banks often dishonor for mismatches. Courts examine intent—consult Ravi & Associates.
35. Can a cheque bounce case be filed without a legal notice?
No, notice is mandatory. Invalid notices get cases dismissed—we draft compliant ones.
36. What if the issuer changes address to evade notice?
Serve at last known address—it’s legally valid. We track evasive parties.
37. Can a cheque bounce case be filed for a blank cheque?
Yes, if filled per agreement and then dishonored. Proving terms is key—we help.
38. What if the payee alters the cheque amount?
Material alterations invalidate the cheque. The issuer may counter-sue for fraud.
39. Can a joint account holder be sued for cheque bounce?
Only the signatory is liable. We identify responsible parties. Call +91 8920599818.
40. What if the issuer files for anticipatory bail?
We oppose bail unless settlement is reached. Strong evidence secures arrests.
41. Can a cheque bounce case proceed if the payee dies?
Legal heirs can continue the case. We guide succession in litigation.
42. What if the issuer claims the cheque was lost?
They should have issued a stop payment—otherwise, liability remains.
43. Can a foreign bank cheque bounce case be filed in India?
No, only cheques drawn on Indian banks apply. File in the foreign jurisdiction.
44. What if the drawer’s account was frozen by authorities?
Valid defense if proven. We examine each case’s merits—consult us.
45. Can a cheque bounce case be filed for a crossed cheque?
Yes, crossing doesn’t affect liability under Section 138.
46. What if the payee’s bank delays returning the cheque?
The 30-day notice period starts from the bounce date, not return date.
47. Can a company sue its ex-director for cheque bounce?
Yes, if they issued cheques in their tenure. We handle corporate disputes.
48. What if the issuer claims the cheque was issued under duress?
They must prove coercion via police complaints. We counter such claims.
49. Can a cheque bounce case be filed during moratorium (IBC)?
No, if the company is under insolvency. Alternate recovery options exist.
50. How can Ravi & Associates help in my cheque bounce case?
We:
1. Draft legally sound notices
2. File airtight complaints
3. Negotiate settlements
4. Secure convictions. Call +91 8920599818 now!
1. Draft legally sound notices
2. File airtight complaints
3. Negotiate settlements
4. Secure convictions. Call +91 8920599818 now!
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