Getting served a cheque bounce notice can be unnerving. If you are a businessman, your cash flow and reputation is on the line. If you are an individual facing a bounced cheque from a friend or relative, you suddenly feel anxious about facing court action, demands for payment and criminal liability. A cheque bounce notice issued under Section 138 NI Act, 1881 is not equivalent to a court sentence. Neither does it automatically mean you will be prosecuted for cheating. This is a statutory notice which may or may not lead to a cheque dishonour complaint being filed. As such, your reply, if any, warrants consideration and should not be a knee jerk reaction. Your cheque bounce lawyer in Delhi NCR can help you review the cheque, bank memo of return, the transaction leading up to it, the notice and any related documents to decide if you should respond. BK Singh Advocate guides clients on Legals365 through legal notice analysis and cheque bounce cases across Delhi, Noida, Ghaziabad, Greater Noida, Gurugram and Faridabad. The easiest question to ask yourself is whether the notice accurately reflects a legally enforceable debt, liability and the transaction. If your cheque was dishonoured and Section 138 applies, then the provisions and conditions regarding cheque presentation, demand notice and non-payment must also be met. Your response should not simply deny all allegations. Rather, it should deal with facts specifically and be supported by documentary evidence. Avoid making an admission which may not be true. Making false allegations may harm your case in the future. Advocate BK Singh advises you respond to a cheque bounce notice as soon as possible. Section 138 is also a law that deals with prescribed time limits. If you or your business receive such notice, keep the originals safe along with any evidence of payments made and correspondence before taking legal counsel on how to reply. A cheque dishonour dispute can arise in the course of a commercial relationship and proceed to litigation if statutory conditions are met. Cheque dishonour in certain circumstances is treated as a criminal offence under the Negotiable Instruments Act. The Act has dealt with evidence, interim compensation, appeal and compounding in relation to certain disputes. Another practical aspect that gets added is Delhi NCR which means transactions could have happened between parties in Delhi, Noida, Ghaziabad, Gurugram or Faridabad. The proper forum could depend on the statute and facts of transaction. It is not inferred simply by looking at the drawerβs address or where a person resides today. When companies and MSMEβs are involved, invoices, purchase orders, loan details, settlement negotiations, account ledgers or business letters may also come into play. The response to a cheque bounce notice must be constructed considering the entire transaction and not just the cheque. BK Singh Advocate deals with these types of concerns when individuals, traders, professionals and businesses want a structured analysis of their legal options. The objective is to understand what is being alleged in the notice, what documents actually prove and what legal options are available. Notice should be construed in light of the entire transaction. Cheque number and amount do not tell the whole story. Typically, a cheque bounce lawyer in Delhi NCR will review the following documents: BK Singh Advocate will also look for factual discrepancies in the notice like wrong amount, incomplete transaction details etc., in the notice. Reply may be needed for the same. Every discrepancy would not defeat a prosecution under Section 138, so let us review the entire facts/legal position. Legal consultation is helpful where the notice demands a significant amount, where the liability itself is contested, where the cheque was issued in the course of a business relationship or where the parties have already sent reactive communications to each other. Immediate legal consultation is also prudent where you have just received the notice and are unsure about the limitation period. It is difficult to get advised later especially when a complaint has been filed against you and important documents are missing. BK Singh Advocate handles legal consultation for cheque dishonour cases involving Delhi NCR & other jurisdictions that our network Legals365 covers. You can get the documentation reviewed to point out what notice was sent, what are the important documents and what is the general legal course available to you on the facts. An advocate can also advise you as to whether you can enter into settlement discussions. Under Section 147 compounding is permitted, so the parties can always enter into a legal settlement where possible. Legal services for cheque dishonour are offered by Legals365 in Delhi NCR and other cities of India. Notice related work, complaint filing & defense for representation in proceedings are a part of the cheque bounce services published on this website. Cheque Bounce Lawyers in Delhi like BK Singh Advocate can help review the notice received by you, understand the transaction & help you with putting together documents and responding legally with the help of appropriate response based on facts at hand. Location becomes important for clients located in Delhi, Noida, Ghaziabad, Greater Noida, Gurugram and Faridabad as the Court with jurisdiction competent to deal with the matter needs to be looked at from the statutory scheme in light of facts of the transaction. Legals365 has a separate page for cheque bounce service in Gurugram as well due to our coverage of Delhi NCR. You could use our consultation service if you are unsure about how to dispute a demand, clarify your position, negotiate a payment or even prepare for proceedings. No ethical lawyer will guarantee a court result based solely on the receipt of a notice. Send Notice Within the Appropriate Time Notice to Drawer After Cheque Bounce There is no general statutory period under the NI Act mandating that the drawer issue any specific form of reply to every notice served under Section 138. One thing to note is that section 138 gives you, the drawer, 15 days upon receipt of the statutory notice to pay the demanded sum. The Dates Need To Be Checked. By ignoring a notice, you are not precluding yourself from later legal action. The payee can always file a complaint if the statutory requirements are met and payment is not made within the specified time. So itβs always better to take a timely legal opinion rather than just ignoring it. If the claims made are accurate, you should respond accordingly. But do not make an admission just because you have received a notice. The transaction, part payment (if any), any agreement and account records should be reviewed first. BK Singh Advocate can guide you on what the documents actually say before you prepare your reply. Yes, the recipient can contest the demanded amount if there is a legitimate legal or factual basis to do so. The response should be backed by the relevant records such as proof of payment, bills, account records or an agreement. Merely because a cheque is labelled as security cheque does not determine the legal result. Often the circumstances of issuance of cheque and whether it was presented for a legally enforceable liability are very important. Each situation needs to be evaluated based on its facts and documents. Yes. As per Section 147 of the NI Act, offences punishable under the Act are compoundable. Terms of settlement and court formalities need to be reviewed carefully rather than believing someone who casually offers to pay after βsortingβ the matter out informally. The competent court can be identified based on the statutory jurisdictional requirements and facts of the transaction. Since Delhi NCR covers several districts and also jurisdictions outside Delhi but close to NCR, the rightful forum can be determined only by understanding all the legally relevant facts and not necessarily by choosing the closest court. The payment records need to be preserved and reviewed as soon as possible. The impact of payment would depend on when it was made, the amount which was paid and what stage of the statutory process we are at. A lawyer can review those records and advise on the legal position. Yes. Section 141 has special provisions dealing with offences committed by a company and every person who was in charge of and responsible to the company for the conduct of the business of the company. Liability of individual directors or officers would depend on the facts and statutory requirements. If the matter is disputed or involves a significant amount of money, itβs always a good idea to speak with a lawyer before sending a response. You can always speak to BK Singh Advocate, have the notice and available documents reviewed and then send a legally informed response. Donβt disregard or hastily respond to a cheque bounce lawyerβs notice. Consider whether the cheque was issued for a legally enforceable liability, whether the statutory preconditions have been satisfied and look at what the documentary record actually says. Residents and businesses in Delhi NCR can avoid uncertainty by having the notice and underlying documentation reviewed at the earliest. BK Singh Advocate helps clients across India through Legals365 in reviewing cheque dishonour notices, responding legally to such notices and pursuing subsequent proceedings, as warranted based on the facts and law. If you have received a notice for cheque bounce, preserve the notice along with envelope or proof of delivery, cheque leaf/documents, bank memo and transaction records. Consult a lawyer before making any material admissions or commitments. BK Singh Advocate and Legals365 can provide legal advice on such matters in Delhi NCR and elsewhere in India including Delhi, Noida, Ghaziabad, Greater Noida, Gurugram, Faridabad etc. The correct legal response will depend on the facts of each case.Cheque bounce lawyer in Delhi NCR for legal notice reply
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Frequently Asked Questions
1. What is the timeline to respond to cheque bounce notice?
2. Can I ignore cheque bounce notice?
3. Do I have to admit the dues while sending my reply?
4. Can I contest the amount shown in notice?
5. Can I get Section 138 case for security cheque?
6. Can cheque bounce case be settled?
7. Where to file cheque bounce complaint in Delhi NCR?
8. What if I already paid the cheque amount?
9. Can a legal notice for cheque bounce be sent to company?
10. Is it necessary to consult a lawyer and send my response?
Conclusion
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