Quick Answer: How Can Cheque Bounce Case Be Overcome?

Will I get charged if a Cheque bounces?

If there’s not enough money, the cheque will ‘bounce’.

This means your bank won’t pay out the money.

Instead, it might fine you and this could be as much as £25, depending on your bank’s policy.

This is similar to what happens when you have a returned Direct Debit..

How do you defend a 138 case?

The cheque issued in respect of future liabilities not in existence as on the date of cheque would not attract prosecution Under Section 138 of N.I. Act. So even if security cheque is bounced the prosecution can be initiated and only defence is that there was no legally enforceable debt.

Does Cheque bounce affect cibil score?

Negative Impact on your CIBIL score: A bounced cheque can dent your financial credit history. Even a single bounce can impact your CIBIL score irreparably to such an extent that you can possibly be denied a loan in the future.

How can I settle a Cheque bounce case in UAE?

In case the issuer of the bad cheque pays the fine, for cheques lower than or equal to Dh200,000, the complainant can go straight to a civil court to claim his dues.

What is the time limit for Cheque bounce case?

30 daysThe cheque should be returned due to insufficient funds. The notice should be given within 30 days of cheque bounce. The drawer has failed to make the payments within 15 days of Cheque bounce notice, legal action can be taken against him within 30 days.

How many times Cheque can bounce?

Although the Reserve Bank of India states that such action can be taken only if cheques, valued Rs 1 crore or above, have bounced more than four times.

How do I file a Cheque bounce case in court?

If the cheque issuer fails to make a fresh payment within 30 days of receiving the notice, the payee has the right to file a criminal complaint under Section 138 of the Negotiable Instruments Act. However, the complaint should be registered in a magistrate’s court within a month of the expiry of the notice period.

Is Section 138 a bailable Offence?

It is undeniable fact that the offence under Section 138 of Negotiable Instruments Act is bailable offence as maximum punishment prescribed is two years and as per First Schedule regarding classification of offences, since punishment prescribed is less than three years, offence under Section 138 of Negotiable …

How would you handle a Cheque bounce case?

In order to file a case for a bounced cheque, the bearer of the cheque must formally lodge a complaint with the police of the respective emirate against the drawer. In Dubai, such complaint may be filed through the Dubai Police mobile application.

How do you quash a Cheque in a bounce case?

In regard to former act, you can approach High Court for quashing and if you are able to show you non-relevance in the case, the mostly the case will be quashed against you.

How much is the fine for Cheque bounce?

If a cheque bounces due to insufficient funds or any other technical reason, such as signature mismatch, their respective banks charges for both the defaulter and the payee. The penalty charges for cheque outward return are close to Rs. 300 for most banks, while charges for cheque inward return are about Rs. 100.

Can we file FIR for Cheque bounce?

Yes, you can now go for registering an FIR against the person who has given you that cheque. … One is registration of FIR. iT WOULD BE UNDER 420, 406 etc of IPC. Second is filing a complaint before Magistrate u/s 138 N.I.

How long does it take to get the court Judgement on a Cheque bounce case in India?

around 2 to 5 yearsHow long does it take to get the court Judgement on a Cheque bounce case in India? If the case goes to court the judgement may take anywhere around 2 to 5 years to take effect. The legal recourse for cheque bounce cases is straightforward in Indian Law [under the negotiable instruments act].

How do you get rid of a false Cheque bounce case?

If a person files a false cheque bounce case against you, here are some remedies you can easily opt to:File a reply to the case.You can file a counter case against the person for filing a false case against you.File a civil suit claiming compensation for accusing you in a false case.More items…