We are proud of our team having Best Cheque Bouncer Lawyers in Delhi, briefly.

The cheque is a negotiable instrument. The person issuing the cheque is called drawer & the one receiving is called payee & the bank who is being directed to pay is known to be drawee. If a cheque is crossed then it is not negotiable by anyone else other than the payee only.

The party issuing the cheque will be committing an offense criminally if the cheque gets dishonoured for the inadequacy of funds. Cheque bounce offense is punishable with a term of imprisonment for up to two years or with a fine that's twice as the amount of the issued cheque that gets bounced or both.

Hence, it is important for anyone to comprehend their rights, responsibilities, and obligations with respect to cheque bounce and maintain sufficient funds to keep up with such financial discipline in order to avoid such situations.

At our offices, we have Cheque Bounce Advocates in Delhi dealing Cheque bounce cases under Section 138 of The Negotiable Instruments Act. In order to initiate a case under section 138, three conditions should be fulfilled.

• a) The cheque has been presented to the bank within a period of three to six months from the date on which it is drawn or within the period of its validity, whichever is earlier;
• b) The payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, (within thirty days) of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and
• c) The drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice.

If all three clauses get fulfilled then one can exercise prosecution under section 138.

Recent Amendments

In Section 143A and 148 of Negotiable Instrument’s Act, recent amendments are made which make additions to these provisions of the NI Act.

Section 143 has now new addition in the amendment made in 2018 of Section 143A which now entrusts the court to try and attempt an offense under S 138 to empower the drawer of the check to pay to the drawee compensations as needed for Summary trails/summons where he contends to argue not guilty to drawee's allegations.

Section 148 further enables the Appellant Court to proceed with the demand that is pending in the appeal against conviction under S 138 of the NI Act.

Since cheque is a common mode of transaction between the parties now a days, team finvestopedia addresses cases under Negotiable Instrument Act, on a regular basis at various stages around Delhi NCR