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All About Cheque Bouncing | 9769693494 | How to escape from cheque bounce case | #cheques #bounce What is a Cheque Bounce?

A criminal case is envisioned by Section 138 of the Negotiable Instruments Act when a cheque bounces. The reasons listed below are considered to be cheque bounces.

Stopped payments
Closed account
Insufficient balance in the account of the person who is issuing the cheque
Signature discrepancy
Arrangements beyond the limit
The Negotiable Instruments Act of 1881

Section 138: When funds are found to be inadequate in the bank or if the sum exceeds the arrangement established between both the bank and the account holder, Section 138 discusses the dishonor of cheques. It will be assumed that the account holder committed the crime of dishonoring a cheque. The maximum penalty allowed under the Act is two years in prison, a fine that may double the value of the cheque, or both.

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Section 139: The accused is presumed to be innocent unless and until the contrary is established. The prosecution may be unable to establish a case under Section 138 of the accused in such a case provides a defense that could raise a reasonable doubt regarding the legal enforceability of the debt.

Conditions Essential for a Bounced Cheque

The cheque bounces due to insufficient balance or all of the above reasons combined.
A 30-day legal notice is delivered.
The required payment is not completed within 15 days’ time
The payment is required to be made in order to satisfy a legally binding debt.
Strategies to Escape from Cheque Bounce Cases

Here are several examples to demonstrate that there was no legally enforceable debt, as it is the burden of proof on the accused.

The Security provided was a Bounced Cheque- The accused must demonstrate in this defense that the cheque was written as a security deposit rather than to pay off a debt or other obligation so that the case does not violate Section 138 of the Negotiable Instruments Act. Hence, the accused cannot get prosecuted.
In Shreyas Agro Services Pvt. Ltd. vs Chandrakumar S.B. (2006) case, it was held that the basic technique used demonstrates that the cheques were not issued to cover any present, established liabilities, according to Section 138 of the N.I.

Therefore, even if a security cheque bounces, criminal charges may still be brought, with the only available defense that there was a lack of a legally binding debt.

Friendly Loan Concerning Unaccounted Money- Section 138 of the Negotiable Instruments Act does not apply to the need to pay the unaccounted cash sum. Therefore, a loan of unaccounted cash for whatever amount would not be eligible for legal recovery.
In the dispute between Chandrakumar S.B. and Shreyas Agro Services Pvt. (2009), the learned Judge considered the applicant’s admission that the sum borrowed was an unaccounted amount that was not notified to the Authority of the Income Tax.

Disputed Signature of the Accused in the Cheque- The banker could establish the proof of the discrepancy of the signature on the cheque if the accused first draw the court’s attention to the issue of mismatch of the signature in the cheque.
“Stop Payment” as Directed by the Drawer if there are Insufficient Funds for Some Other Reason- According to a complaint filed by the appellant under Section 138 of the Negotiable Instruments Act, the cheque bounced because the drawer asked to stop the payment. But this would not apply in this scenario if the accused could show that there were adequate funds to cash the cheque but that other factors undoubtedly caused the payment to be withheld.
False Cheque Bounce Cases- If someone initiates a false cheque bounce lawsuit in court, one can respond to the case by working with a local cheque bounce lawyer. If someone files a fraudulent cheque bounce lawsuit, one can countersue them by submitting a counter-cheque. Along with criminal action for filing a false case and a defamation case against the individual, one can also file a civil case for cheque bounce to seek compensation for the false case and the losses and expenses paid for handling the bank fraud cases.
Therefore, the burden of proof is always on the accused to prove that the complainant has filed a false cheque bounce case against him.

You will need a lawyer to draft legal notices and make you escape from any cheque bounce cases. If you want to escape from cheque bounce cases in Delhi, then Cheque Bounce Lawyers In Delhican be appointed, who can provide the best defense available to their client to escape from a cheque bounce case.