How Do I Find A Lawyer For A Cheque Bounce Or Fraud
In India, everyone uses cheques as a convenient way to transfer
money. Section 138 of the Negotiable Instruments Act of 1881 governs cases
involving dishonor of cheques. However, one must seek the services of a cheque
bounce lawyer if they obtain a cheque from a debtor which has been dishonored
or bounced.
Drawer- The person
who is responsible for paying the specific amount on the cheque.
Payee- The person
who submits the cheque in front of the court for clearance.
Drawee- It is the
associated authority that has been ordered to pay the money.
Reasons for
Cheque Bouncing
Cheques can bounce for numerous reasons. They are:
Name- The cheque
gets bounced if the name of the drawee or stated account payee's name does not
match the name on the payee's bank account.
Overwritten- Any
overwriting on the cheque causes it to bounce instantly.
Alterations
and Modifications- The cheque gets bounced if the cheque leaf has been tampered with
or altered without the drawee's permission.
Signature- The cheque
bounces if the drawer's signature is not present on the cheque leaf or differs
from the specimen signature on file with the bank. Hence, one must require a
Cheque Bounce Lawyer to pursue further legal action.
Insufficient
Balance- The cheque bounces if the drawer indicates a higher amount on the
cheque than the balance in the bank account due to the lack of enough funds.
Amount- The cheque
gets returned unpaid if there is any discrepancy between the amount stated on
it in words or figures.
Account
Number- If the drawer's bank account number cannot be seen, is missing
from the cheque leaf, is blurred, or isn't based on the Cheque Truncation
System (CTS) 2010 standard, the cheque gets bounced.
Reasons to
Find a Cheque Bounce Lawyer
An individual must find a lawyer for a cheque bounce or fraud case
due to various reasons, such as:
For Recovery
of Money- An individual can consult with a lawyer if someone has paid them
with a cheque that was returned unpaid or bounced due to inadequate money in
the account where it was drawn. By pursuing the proper legal actions in
accordance with Section 138 of the Negotiable Instruments Act, a cheque bounce
lawyer can assist any individual in recovering the money with interest.
Drafting
Legal Notice- If any individual hires a professional lawyer in a cheque bounce
or fraud case, he can assist them by giving the drawer a statutory notice
before taking any further action. When filing the petition, the lawyers
represent any individual trapped in a cheque bounce or fraud case as the
pleader under a Power of Attorney (POA).
Protection
from Legal Trouble- It is essential to treat cheque bounces and cheque dishonor
seriously because they are considered criminal offenses in India. If an
individual employs a competent cheque bounce lawyer, they won't need to worry
if a cheque written to someone bounced. By virtue of Section 138 of the
Negotiable Instruments Act, they will undoubtedly receive a court summons.
Therefore, finding and hiring a check bounce lawyer is wise since they will
effectively handle the charges in the court against a cheque bounce case,
protecting from incurring a huge penalty.
Negating the
Penalty Imposed- Both the drawer and the payee are sued in every case where a
check bounces. Therefore, in those scenarios, the lawyers typically advise the
check issuer to use an account to continue paying even when there is
insufficient money (overdraft account) in order to prevent such circumstances.
In addition, they quickly assist in resolving the issue swiftly through the
legal system.
Filing a
Counter Case- It is sometimes observed that people accuse the payee of filing a
fraudulent check bounce case. The lawyers can offer their experience to aid in
this kind of circumstance. One can easily request compensation and costs, for
handling a false lawsuit against the bank. They can also assist any individual
in bringing a formal defamation suit against the falsely accused.
You will need a lawyer to draft legal notices and initiate legal
proceedings in a cheque bounce or fraud case. If you want to file a cheque
bounce case in Ghaziabad, then a cheque bounce
lawyers ghaziabad can be appointed, and if you want to file a cheque
bounce case in Lucknow, then a cheque bounce
lawyers lucknow can be assigned. Likewise, cheque
bounce lawyers bangalore can be assigned if you want to file a
cheque bounce case in Bangalore.
You can speak with a lawyer by using Lead India Law. At Lead India
Law, you can ask a legal query for free and receive free online legal counsel.
Visit Us: - https://www.leadindia.law
Call Us: - +91-8800788535
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