Cheque Bounce Tips- Has a charge has been levied due to Cheque bounce, then do this work immediately, the money will be returned

In today's digital world, the UPI app present in the smartphone has made transactions very easy, but even today people consider checks to be the most reliable method, in such a situation, many times the check gets bounced due to lack of money, which is a serious matter which has legal implications. If you find yourself in the problem of check bounce, it is very important to understand what steps you should take and what will be its legal consequences. Let's know about it-

1. Initial steps after check bounce

When a check bounces, the first step is to send a legal notice to the issuer. This notice should be sent within one month of the check bouncing.

2. Legal Action for Cheque Bounce

Civil Court Action

If the issuer fails to respond within 15 days or refuses to pay, you can file a case in a civil court under Section 138 of the Negotiable Instruments Act, of 1881.

Possible Penalty: The issuer can face imprisonment of up to 2 years or a fine of up to twice the amount of the cheque.

Preliminary Relief: You can request the court to secure an initial portion of the cheque amount (usually 20-30%) while the case is ongoing.

Outcome: If the court rules in your favor, you will receive the cheque amount and any preliminary relief granted. If you lose, the initial amount received will have to be returned with interest.

Criminal Case

You can file a criminal case under Section 420 of the Indian Penal Code (IPC). This requires proving that the issuer had dishonest intent.

Penalty: Conviction can result in a jail term of up to 7 years and a fine.

3. Appealing against a cheque bounce judgment

Cheque bounce cases are bailable offenses, which means the convicted person can appeal. If found guilty, they can apply to the trial court under Section 389(3) of the Code of Criminal Procedure for suspension of sentence during the appeal process.