Cheque Bounce Case Registration India –

Bouncing of Cheque is considered to be an criminal act as per the Negotiable Instrument Act 1881 , when the return of the cheque by the Bank is due to insufficient funds and various other reasons. The law provides for imprisonment upto 2 years and/or fine, which may extend to twice the amount of the cheque.
Essential Conditions u/s 138 of the Act:
a) A cheque must have been drawn by a person on an account maintained by him for payment of any sum of money to another person from out of the account;

b) The cheque must have been issued for the discharge, either in whole or in part, of any debt or other liability, though, in the absence of proof to the contrary, it shall be presumed that it was issued for the same;

c) The cheque shall be returned by the bank unpaid –
i) either because of the reason insufficient funds to honour the cheque; or
ii) because it exceeds the amount arranged to be paid from the account by an agreement with that bank.

d) The stop payment of cheque is also covered under said provisions, as it points to the dishonest intention of the drawer.

The bouncing of cheque entitles the holder of cheque to take criminal action against the drawer of cheque but only if a strict procedure is followed in this respect, which is as follows:

1. In case a cheque is bounced, a notice has to be issued to the drawer of the cheque (Oppsoite Paty) within 30 days from the date of memo accompanying the bounced cheque is received from the Bank.

2. The notice by the holder of the cheque should demand the amount for which the cheque has been bounced, providing 15 days to settle the matter.

3. The Opposite Party has 15 days from the receipt of the notice to settle the matter and no cause of action arises till the expiry of these 15 days or if paid within this specified period.

4. After the completion of said 15 days, if the opposite party does not settle the matter or ignores the notice, then the holder of the cheque may file a criminal complaint before the appropriate court within 30 days of the expiry of said 15 days.

5. In case, it is beyond the said period of 30 days, the delay can be condoned by the court on sufficient cause being shown.

Consumer Complaint Registration India – Consumer Law in India is regulated by Consumer Protection Acr, 1986 which provides for protection of consumer rights and lays down procedure for enforcing of the same in case of any violations, through the consumer courts established at various levels, i.e. District, State and National.

A consumer right is violated, when a goods seller or a service provider sells defective goods or renders deficient service, as the case may be, which includes sale over the MRP (Maximum Retail Price). For this appropriate remedy is available through consumer courts / consumer forums, wherein compensation can be claimed not only for loss incurred but also for harassment and mental agony. In cases of cheating, even criminal proceedings can be lodged by registering of an FIR with a Police Station.

A Consumer can register his complaint with a consumer court/consumer forum in person at District Level, if the claim does not exceed Rs 20 lakhs and with State Commission, for claims upto Rs 1 crore, otherwise with National Commission. There is no provision of online filing of consumer complaints. But we can help you with a preparation of a consumer complaint and registering the same with a Consumer Court. You can get free advise online through Consumer Law India, before you can decide to proceed further.