Advocate Rishu provides specialized legal support in cheque bounce disputes, ensuring strong representation for both complainants and defendants. With deep expertise in financial law and criminal litigation, Advocate Rishu is committed to achieving fair and just resolutions in cheque dishonor cases.

Understanding Cheque Bounce & Legal Consequences

A cheque bounce occurs when a cheque is dishonored due to:
✅ Insufficient funds
✅ A closed account
✅ Signature mismatch
✅ Payment stop instructions

Under Section 138 of the Negotiable Instruments Act, 1881, a cheque bounce becomes a criminal offense if the issuer fails to make the payment after the bank returns the cheque.

Key Legal Provisions for Cheque Bounce

📌 Section 138 – Cheque Dishonor as a Criminal Offense

• Punishable by imprisonment of up to two years, a fine up to twice the cheque amount, or both.

📌 Section 139 – Presumption in Favor of the Holder

• The law assumes that the cheque was issued for a legally enforceable debt unless proven otherwise.

Legal Services for Cheque Bounce Cases

✔ Filing a Cheque Bounce Complaint

• Drafting and filing complaints in the appropriate court.

✔ Issuing Legal Notices

• Sending a timely legal notice demanding payment within 30 days.

✔ Defending Against Cheque Bounce Allegations

• Providing legal defense for individuals facing false cheque bounce accusations.

✔ Negotiation & Settlement

• Resolving disputes amicably without litigation.

✔ Court Representation

• Advocacy in Magistrate Courts, District Courts, and High Courts.

✔ Recovery of Dues

• Assisting clients in recovering the cheque amount, penalties, and legal costs.

Steps to Take When a Cheque Bounces

📌 Step 1: Obtain a Cheque Return Memo

• Request a return memo from the bank stating the reason for dishonor.

📌 Step 2: Send a Legal Notice

• A formal notice must be sent to the drawer within 30 days.

📌 Step 3: File a Complaint

• If no payment is made within 15 days, a case can be filed under Section 138.

Challenges in Cheque Bounce Cases

⚖ Proving Dishonor – The complainant must prove the cheque was bounced due to valid reasons like insufficient funds.
⚖ False Allegations – Defendants often face fabricated claims, requiring a strong legal defense.
⚖ Timely Legal Action – Delays in sending legal notices or filing cases may affect legal outcomes.

Why Choose Advocate Rishu for Cheque Bounce Cases?

✔ Expert in Negotiable Instruments Act – In-depth legal knowledge of cheque bounce laws and court precedents.
✔ Strategic Legal Approach – Customized legal solutions for both complainants and accused individuals.
✔ Efficient Case Handling – Ensuring legal actions, including notices, filings, and court appearances, are handled swiftly.
✔ Settlement & Litigation – Exploring settlement options while being prepared for court proceedings if required.

How Advocate Rishu Assists in Cheque Bounce Cases

📌 Step 1: Initial Consultation – Reviewing the case and advising on the best legal course.
📌 Step 2: Drafting Legal Notices – Preparing legally sound and effective notices.
📌 Step 3: Court Representation – Representing clients in all legal proceedings.
📌 Step 4: Negotiation & Settlement – Seeking amicable resolutions when possible.
📌 Step 5: Appeals & Reviews – Handling appeals in higher courts if necessary.