If the check bounces, then first of all a legal notice has to be sent to the issuer of the check within one month. It is said in this notice that the check given by him has bounced, now he should give the check amount to him within 15 days.
If someone has given you a check and you deposit it in the bank to get it cashed, then it is necessary that the issuer of the check has at least as much money in his account as the check issued by him. Have done. If there is not that much money in his account, then the bank dishonours the cheque. This is called check bounce. When a check bounces, a slip is also given by the bank. In this slip, the reason for the check bounce is written.
If the check bounces, then first of all a legal notice has to be sent to the issuer of the check within one month. It is said in this notice that the check given by him has bounced, now he should give the check amount to him within 15 days. After this, one has to wait for 15 days, if the drawer of the check pays that money in 15 days, then the matter gets resolved here.
File a case in civil court
If the drawer of the check refuses to pay or does not respond to the legal notice, you can file a case in a civil court under Section 138 of the Negotiable Instruments Act, 1881. Under this, the accused can be sentenced to 2 years and fined both. The amount of fine can be twice the amount of the cheque.
After filing the case, you can appeal to the court to get some part of the check amount from the issuer of the check in the beginning itself. After this, the court usually gives 20 to 30 percent of the check amount in the beginning.
If you win, the court gets the money from the issuer of the cheque, as well as the amount you got in the beginning, that too remains with you. If you lose the case, the money you got at the beginning of the case has to be returned with interest.
Criminal case can also be filed
In case of check bounce, you can also file a criminal case under section 420 of the Indian Penal Code i.e. IPC. For this it has to be proved that the drawer of the check had the intention to commit dishonesty. For this, the accused can be imprisoned for 7 years and fined.
Who can issue a check
Let us tell you that a person can also issue a check and a company can also issue it. Apart from this, other organizations including trusts and societies can also issue cheques. Along with this, let us also tell you that any check is valid only for 3 months from the date of issue.
How often does the check bounce
1. If there is no money in the bank account of the check issuer.
2. If the check issuer has less money in his bank account than the amount written in the cheque.
3. The drawer of the check has not corrected the signature.
