A cheque bounce is when an unpaid cheque is returned back by the bank, also known as dishonor of cheque. A cheque bounce can happen because of a lot of reasons, for instance, due to insufficiency of funds in the account of the ‘drawer’ and many other reasons. The bank always issues a cheque return memo with the necessary reasons for non-payment as soon as the cheque gets bounced. In India. A cheque bounce is a criminal offense stipulated under Section- 138 of the Negotiable Instruments Act, 1881. However, in case of a cheque bounce, the aggrieved party can file a criminal as well as a civil suit against the accused. In a cheque bounce case, under law, the drawer still has time to resubmit the same cheque within three months from the date of its issue if the drawer feels that it would not get dishonored in the future. With us, you can get the best cheque bounce lawyer in Pune. The first step after the cheque has been returned by the bank is not to register a legal complaint in the Police Station against the drawer but is to send a formal demand legal notice/ letter to the drawer within the stipulated time of 30 days from the date the cheque was presented and returned back by the bank to the drawee.

The legal notice must insist on the amount from the drawer. The notice must also mention that if the amount is still not paid within the stipulated time period of 15 days, then appropriate legal action as prescribed under the Negotiable Instruments Act, 1881 shall be instituted against the drawer.

Since there is no established format for such a notice, it should simply be demanding and relevant. The notice must explicitly highlight the main objective of the notice is to demand payment from the drawer while informing and warning the drawer of the legal consequences that might result due to non-payment of the pending amount. The drawee must preserve the delivery proof of the notice, like the postal receipt/ online status of the notice. The said demand notice can be sent by the drawee himself. However, it is advisable to seek help from an expert cheque bounce lawyer to draft such a notice to be sure about the legal language and to ensure the notice leaves a fearing impact on the drawer against his breach of trust. A complaint is only affected when the drawer has not replied to the demand notice within a period of 15 days from the delivery of the notice or has been delaying payment unnecessarily or has outrightly refused to pay the amount. A complaint is to be filed in the court, which would have jurisdiction over the dispute within the prescribed time limit of 30 days (from the date of receipt of the demand notice by the drawer). It is pertinent to understand which court the drawee should approach in a cheque bounce case. Every litigation process requires payment of court fees. Similarly, while filing a cheque bounce complaint, the drawee (complainant) has to pay a standard amount of court fees which varies from case to case and entirely depends on the cheque amount against which the complaint is being filed in the court.

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