CHEQUE BOUNCE 138 NIA |
If you are a businessman or a service provider, cheques are one of the most common modes of payment that you would receive from your clients. However, sometimes, the cheques issued by your clients may bounce, which could cause you a lot of financial distress. The dishonour of cheques is a criminal offence under Section 138 of the Negotiable Instruments Act, 1881 (NIA), and it can lead to both civil and criminal liabilities.
Section 138 NIA deals with the dishonour of cheques, and it makes it a criminal offence to issue a cheque that is bounced due to insufficient funds, stop payment, or any other reason. If you receive a cheque that has bounced, you can send a legal notice to the issuer of the cheque, demanding payment within 15 days. If the issuer fails to pay the amount within 15 days, you can file a complaint under Section 138 NIA, and the issuer can be punished with imprisonment for up to two years, or a fine that is twice the amount of the cheque, or both.
If you have received a bounced cheque from your client, the lawyers at Insaaf can help you in the following ways:
Legal Notice: The lawyers at Insaaf can draft and send a legal notice to the issuer of the cheque, demanding payment within 15 days.
Complaint Filing: If the issuer fails to make the payment within 15 days, the lawyers at Insaaf can file a complaint under Section 138 NIA on your behalf. The complaint can be filed in the court where the cheque was dishonoured or where the issuer resides.
Legal Representation: The lawyers at Insaaf can represent you in the court proceedings and ensure that your rights are protected. They can help you to obtain a favourable judgement, which can help you to recover the amount due to you.
If you have received a dishonoured cheque from your client, take action now with Insaaf. Our experienced lawyers can draft and send a legal notice to demand payment and file a complaint under Section 138 NIA on your behalf. We can also represent you in court proceedings and help you recover the amount due to you. Contact Insaaf today to partner with us in resolving your cheque bounce 138 NIA case.