In today’s time, check bounce has become a big problem. Thousands of people face this situation daily, where someone is yet to get money, but the bank rejects the check. Due to this, the victim also has to face economic losses many times. After the check bounce, legal action can also be taken against the accused. In Indian law, such cases have been considered a serious offense and for this a case can be registered under Section 138 of the negotiable written Act 1881. In such a situation, let us tell you today where you can complain when the check bounced and in how many days it is heard.
Complaint is not registered in court, not police
The police does not register an FIR directly in the case of check bounce. If this case is of civil criminal tendency, only then the police can register a case in this case. Also, the police register an FIR only when there is an angle of fraud and criminal conspiracy in this case. In normal condition, the victim has to file a complaint in the magistrate court itself. In the case of check bounce, the complainant cannot register a case in any city on his own will. In this case, the right to register a case is where the check is bounced or where the bank’s bank account is present.
What is the legal process of complaint when check bounced
The legal process is very clear in cases of check bounce in India. For this, the limit fixed in the law has also been determined. If someone’s check bounces, then it is necessary to send a legal notice to the accused within 15 days. In this notice, it is clearly demanded to repay the money. On the other hand, if the accused does not pay within 30 days of receiving the notice, then a complaint can be lodged in the magistrate court. After the case is registered, the court issues summons to the accused, if the accused does not appear in the court, then the warrant of arrest can also be issued.
In how many days the hearing is completed
According to the rules, after sending the notice, the accused is given a few days time. If he does not pay in this time, the complainant can file a case. As soon as the case is registered, the hearing process starts in the court. However, due to the pending case and legal process in the court, this hearing can take time. At the same time, efforts are usually tried to settle such cases quickly, because there is a case of financial loss in it. If found guilty, the accused can get a fine of up to 2 years, a fine of up to double the check amount or both punishment.
The role of lawyer in check bounce cases is important
The role of a lawyer in check bounce cases is considered very important, the lawyer not only sends notice at the right time, but also has the responsibility of presenting the case strongly in the court. He helps in the entire process from gathering evidence to proving the accused guilty. At the same time, the lawyer also ensures that the victim gets his money back soon. At the same time, while registering a check bounce case, some important documents are considered necessary in which copy of the check, bank bounce memo, legal notice sent to the accused and evidence of sending notice etc. are also necessary to register documents.
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