How do I write a legal notice for a bounced cheque?

Contents of Cheque Bounce Notice

The name and address of the drawer of the cheque.
The name and address of the payee.
Information of the cheque presented to the bank for payment.
Details of the cheque number, date and amount.
Date of return of cheque.
Reason for cheque bounce.

Who can send notice under 138?

In case of dishonours of a cheque according to Section 138 of NI Act of the Law on Negotiable Instruments, this Notice shall be given to the defaulting debtor via a Notice from the unpaid creditor (payee) through an Advocate.

How do I send a legal notice for a cheque bounce case if he doesn’t have permanent address?

Originally Answered: Where should I send a legal notice to recover the amount of a bounced cheque if we don’t have the address of the person whose issued the cheque? You can approach the bank whose cheque was returned and ask them for help. If you know email id of the drawer, send email notice it is valid.

Is Section 138 a bailable Offence?

No. A Magistrate can take cognizance of an offence of dishounour of Cheques under Section 138 of the NI Act only on a Complaint from the holder in due course (in this case the person in whose favour the cheque was drawn). Further, the offence is non-cognizable so the police cannot arrest without a warrant.

How can I write application for cheque bounce case?

Dear (Client name), I am writing this letter to inform you that the cheque which you allotted to (Company name) on behalf of (Concern Authority name) published on (Date: DD/MM/YY) got bounced due to some error of writing in it. (Describe in your own words). It was issued on the total amount of (Money Amount) only.

How do I file a 138 case?

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.

What is the maximum punishment for cheque Dishonour?

According to Section 138 of the Act, the dishonour of cheque is a criminal offence and is punishable by imprisonment up to two years or with monetary penalty or with both. If payee decides to proceed legally, then the drawer should be given a chance of repaying the cheque amount immediately.

How do I file a case under Section 138?

The following basic documents are necessary to file Complaint under section 138 of Negotiable Instruments Act.

Memo of Parties.
Complaint U/S 138 Negotiable Instruments Act, 1881.
Pre-Summoning Evidence/ By Way Of Affidavit (in some courts)
List of Witnesses.
List of Documents with Documents.

What happens if PDC bounces?

According to the provisions of the said Act, the legal punishment for dishonouring of PDC is: Imprisonment for maximum up to 1 year, A fine equivalent to two times the amount mentioned on the dishonoured cheque or.

How do I write a letter to Bank for reverse charges?

I have not made any transactions where in such charges is due. There were no such charges ever in my account. Hence I presume that it is an inadvertent error from your side. I request you to kindly verify and rectify the error by re-crediting the amount to the account.

How do you write a letter if your cheque is dishonored without any fault?

I would appeal to you to look into the matter immediately and provide me with valid reasons for the dishonour of the cheque. Kindly further note that I have issued another cheque for the same amount to the said party, I trust there will not be any negligence in honoring the cheque this time.

What will happen if cheque bounce?

The punishment for cheque bounce is imprisonment for a term not more than two years or a fine that can extend to twice the amount of the cheque or both. A civil suit can also be instituted against the drawer for payment of the cheque amount.

Which is the best notice format under Section 138?

Notice Format under Section 138 with PDF – This is a suggested notice format under section 138, also called Check bounce notice format. It is available for free download in pdf and docs format. This section 138 notice format is drafted by our legal and law experts. This notice format under section 138 is specially drafted for India.

When to issue legal notice under Section 138 of Negotiable Instruments Act?

A notice served under Section 138 of the Negotiable Instruments Act should be issued within one month of the bounce of the cheque is sent through registered AD post only. Sub.:- Legal notice under Section 138 of the Negotiable Instrument Act.

What does debt or other liability mean under Section 138?

Explanation: For the purposes of Section 138 of Negotiable Instruments Act, “ debt or other liability ” means a legally enforceable debt or other liability. The above-suggested format can be used for Notice Format Under Section 138, Legal Notice Under Section 138 Format, Format Notice Under Section 138, and Draft of Notice Under Section 138.

How to send notice under Section 138 of IPC?

Notice Under Section 138 should be sent through registered AD post only. Notice Under Section 138 has to be issued within one month of bounce of cheque. The case under Section 138 of the Negotiable Instruments should be filed within 15 days of receipt of the date of issuance of the Notice Under Section 138.