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CHEQUE BOUNCE NOTICE

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CHEQUE BOUNCE NOTICE

  • SureTax Fincare simplifies the process of Registration, Compliance & Management of your business, by making it more convenient than ever.
  • Completely online, Quick & Hassle free process – Our Services can be availed from any Location in India or Abroad.
  • Our team of CA-accredited professionals provide expert guidance throughout every stage of the process

Overview

When a cheque is dishonored or "bounces," it means that the cheque was not honored by the bank upon presentation due to various reasons such as insufficient funds, account closure, mismatched signature, post-dated cheque, or a stale-dated cheque.

Cheque bounce is a legal matter and can have financial implications for both the issuer of the cheque (drawer) and the payee (person to whom the cheque was issued).
In India, a cheque bounce or dishonor is governed by the provisions of the Negotiable Instruments Act, 1881.

Key Points

  • Notification

    The bank will typically notify the payee or holder of the cheque about the dishonored cheque, providing details of the reason for the bounce.

  • Intimation to the issuer

    The payee or holder of the cheque can inform the issuer (drawer) about the dishonored cheque, either directly or by sending a cheque bounce notice. The notice serves as a formal communication informing the drawer about the dishonored cheque and demanding payment.

  • Legal provisions

    The dishonor of a cheque is governed by Section 138 of The Negotiable Instruments Act, 1881 (in India). The Act provides legal remedies and procedures to address cheque bounce cases. The specific provisions may vary in different jurisdictions.

  • Legal action

    If the drawer fails to make the payment within the stipulated time mentioned in the cheque bounce notice, the payee or holder of the cheque can initiate legal action.

  • Penalties and consequences

    The consequences for cheque bounce vary depending on the jurisdiction and the amount involved. It may include penalties, fines, imprisonment, and damage to the issuer's credit reputation.

Notice for Cheque bounce

Legal provision

When a cheque is dishonored or “bounces,” it means that the cheque was not honored by the bank upon presentation due to various reasons such as insufficient funds, account closure, mismatched signature, post-dated cheque, or a stale-dated cheque.

Notice Period

As per the law, the payee or holder of the bounced cheque must issue a written notice to the drawer within 30 days from the date of receiving the information from the bank about the dishonor. The notice should demand payment of the cheque amount within 15 days from the receipt of the notice.

Contents of the notice

> Name, address, and description of the payee/holder
> Date and place of issue of the cheque
> Particulars of the dishonored cheque (amount, date, bank details)
> Reason for dishonor as provided by the bank
> Demand for payment of the cheque amount
> Mention that legal action will be initiated if the payment is not made within 15 days from the receipt of the notice

Payment and response

Upon receiving the notice, the drawer has 15 days to make the payment of the cheque amount. If the drawer fails to make the payment within this period, the payee/holder can proceed with legal action.

Legal action

The payee/holder can file a complaint in the appropriate court (Magistrate Court or Metropolitan Magistrate Court, depending on the jurisdiction) within one month from the expiry of the notice period. The court will initiate proceedings as per the Code of criminal proceedings, and if the drawer is found guilty, they may face penalties, including imprisonment or a fine, or both.

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