Best Delhi Lawyer for Cheque Bounce

Cheque bounce, also indicates cheque dishonor, is one of the most serious High Dignity Issues prevailing in the world of finance and law. The cheque will indicate, in this case, that it could not be cleared due to an insufficient fund in the bank account, a mismatched signature, or for some other various causes. The consequence of the issuance of a cheque in such a situation is a legal nature against the maker. A Cheque Bounce Lawyer in Delhi is the one who will be representing those people who have cases of cheque bounce. Such as Jaynat and Associates in Delhi who are providing their clients legal support, and fighting cases on the individual’s behalf.

Delhi Cheque Bounce Lawyer Key Responsibilities

• Legal Counseling: Among the many functions the cheque bounce lawyer has is to provide quality legal advice to either the victim or the accused involved in the cheque bounce case in Delhi. They take it under their wing to guide and enlighten their clients concerning their rights and the implications of the law over the particular case and advise them rightfully.
  
  

• Complaints to be Filed: In case of cheque bounce, all the rights are with the payee. He may file a complaint under Section 138 of the Negotiable Instruments Act, of 1881. A cheque bounce lawyer in Delhi drafts and files the said complaint in an appropriate court.
  
  

• Legal Notice Drafting: Before the complaint, a legal notice is to be sent to the issuer of the cheque demanding the payment. It is important to note that this amount has to be paid within 30 days from the date of return of the cheque. The lawyer will draft and send this notice with details of the cheque and the amount outstanding due to one from the drawer.
  
  

• If he/she has not made any payment or responded to the legal notice, the case proceeds to court. To protect the client’s interests, the attorney provides evidence and persuasive arguments on their behalf in court. 
  
  

• Cases of cheque bounce are normally settled out of court through negotiation. Here, with a check bounce lawyer in between, parties are brought so that some amicable settlement can be reached to save much precious time and legal expenses.
  
  

• The defense of the accused shall, in case the client is accused of having presented a bounced cheque, appear on behalf of the client before a court and quash the complaint lodged against the validity of the cheque and evidence supporting the innocence of the accused or considerations for gentle view.
  
  

Such cheque-related cases in India are governed mainly by the Negotiable Instruments Act, of 1881. 

What are the Major Sections that Come into Action for Such Cases?

• Section 138: This section penalizes the offense of the drawer issuing a cheque that is dishonored for want of sufficient funds or other reasons, and some conditions apply. It does provide for punishment, which could extend to two years along with a fine to be recovered to the amount equal to twice the amount of the cheque.
  
  

• Sec 139: It presumes that such a cheque has been issued for payment of any debt or other liability unless the contrary is proved.
  
  

• Sec 142: It provides for the procedure to be followed concerning the prosecution of offenses relating to dishonor of cheques, inclusive of the time limit for giving the notice and filing complaints.

What are the Steps Involved in a Cheque Bounce Case?

• Cheque Bounce: This is a process initiated by the presentment of a cheque for payment and its dishonor on the part of the bank.
  
  

• Memo by Receiving Bank stating reasons for return of cheque. This memo becomes one very important document of evidence in the case.
  
  

• Such notice has to be sent by the payee within 30 days of the receipt of a memo from the bank, that is, a legal notice demanding payment to the issuer of the cheque. Thereafter, 15 days from the date of receipt of such a notice, the issuer has to make the payment.
  
  

• Filing of Complaint: In case the drawer has not made the payment even after the stipulated time, then the payee can file a complaint with the concerned court of law with evidence within one month.
  
  

• Hearing: The court shall hear both parties’ argument with evidence and thereafter make the final judgment on the case. Later on, it pronounces the judgment.

What is the Importance of a Cheque Bounce Lawyer?

Well, cheque bounce is a pretty complicated case, and one wants a skilled lawyer by his or her side. Ranging from intricate legal nuances involved in a cheque bounce case to the timeline. Which is the considerations that are very important, a lawyer sees to it that all legal formalities go proper. They are well conversant and will effectively represent a case in court with the ability to work through the legal precedents while persuading and arguing on the side of the clients.

1. Accuracy in Drafting: Legal notices and complaints need accurate drafting, for inaccuracies might lead to dismissal of the case. A lawyer ensures that every document is done accurately and all formalities are observed.
   
   
2. Negotiation Skills: In most circumstances, a lawyer can negotiate with a bank for an out-of-court settlement, which will save the client lots of time, money, and stress from long litigation.
   
   
3. Defensive Strategies: Where a person is alleged to have issued a bounced cheque, lawyers can raise very strong defenses that acquit their clients or, at worst, will considerably reduce penalties.
   
   

Cheque-bounce cases can involve huge legal and financial implications. Be it you, a payee trying to recover money, or you, a drawer, being sued over one for non-payment, the cheque bounce lawyer in Delhi plays a very important role amidst all the complexity of the legal arrangement. Jayant and Associates are experts in the Negotiable Instrument Act, they will deal with the litigation tactically and negotiate in such a manner as to realize the interest of the clients. A good cheque bounce lawyer can provide the best legal representation to their clients.