If anyone has made the payment to you through cheque that has either been bounced of dishonoured for the lack of funds in the anyone bank account then our cheque bounce lawyer in Indore will help in recovering the defaulted amount along with interest by taking all legal measures under section 138 of Negotiable Instruments Act.
The Negotiable Instrument bill was amended and passed in the year 2018. The dishonour of cheque is a criminal offence and is punishable by imprisonment up to two years or with monetary penalty or with both.
The Negotiable Instrument Act of section 141 Sub-section (1), provided that if a person committing an offence under the section is a company, every person who, at the time offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceed against and punished accordingly.
The Negotiable Instrument Act of section 141 Sub-section (2), provides that where any offence under the N.I. Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Cheque bounce is a criminal, matter and is tried under section 138 of Negotiable Instrument act 1881. The Ingredients of the offence as contemplated under section 138 of the act are as under:
- The cheque must have been drawn for discharge of existing debt of liability.
- Cheque must be presented within 3 months or within validity period whichever is earlier.
- Cheque must be returned unpaid due to insufficient funds of it exceeds the amount arranged.
- Fact of dishonour be informed to the drawer by notice within 30 days.
- Drawer of cheque must fail to make payment within 15 days of receipt of the notice.
You can reach out to the top and experienced “Cheque Bounce Advocate in Indore” from Choudhary Advocates to handle matters related to banking matters and cheque bouncing.
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