Description
Advocates at Mera Vakeel specializing in cheque bounce cases provide a range of services to assist clients in dealing with legal issues related to dishonored cheques. Here are some of the services typically provided by advocates in cheque bounce cases:
Legal Consultation: Advocates at Mera Vakeel offer initial consultations to understand the client's situation and provide legal advice regarding the cheque bounce case. They assess the merits of the case, discuss potential legal options, and guide clients on the appropriate course of action.
Notice Preparation and Sending: Advocates at Mera Vakeel assist clients in drafting and sending legal notices to the issuer of the dishonored cheque. These notices typically inform the issuer about the bounced cheque and demand payment within a specified period to avoid legal action.
Legal Documentation and Evidence: Advocates at Mera Vakeel help clients gather and organize the necessary documentation and evidence to support their case. This includes the original bounced cheque, bank statements, communication records, and any other relevant documents that establish the liability of the issuer.
Case Filing and Representation: Advocatesat Mera Vakeel file the necessary legal documents and represent clients in the appropriate court or forum for cheque bounce cases. They prepare and file the complaint, represent clients during hearings, and present arguments and evidence to support the client's claim for payment.
Negotiation and Settlement: Advocatesat Mera Vakeel may engage in negotiation and settlement discussions with the issuer of the bounced cheque on behalf of their clients. They aim to resolve the matter amicably, reaching a mutually acceptable settlement that includes the payment of the due amount along with any additional costs or damages incurred.
Legal Proceedings and Court Representation: If a settlement cannot be reached, advocatesat Mera Vakeel represent clients in legal proceedings related to cheque bounce cases. They present the case before the court, cross-examine witnesses, submit evidence, and argue on behalf of their clients to establish the liability of the issuer and seek appropriate remedies.
Enforcement of Judgments: In cases where the court issues a judgment in favor of the client, advocates at Mera Vakeel assist in enforcing the judgment and recovering the due amount. They take appropriate legal actions, such as filing execution petitions or garnishment orders, to ensure the client receives the payment ordered by the court.
Legal Advice and Guidance: Advocatesat Mera Vakeel provide ongoing legal advice and guidance to clients throughout the cheque bounce case. They explain the legal process, update clients on the progress of the case, and address any concerns or questions that arise during the proceedings.
Liaison with Banks and Authorities: Advocatesat Mera Vakeel liaise with banks, financial institutions, and relevant authorities on behalf of their clients to obtain necessary information, confirmations, or documentation related to the cheque bounce case.
Representation in Appeals: If either party decides to appeal a court decision in a cheque bounce case, advocates at Mera Vakeelprovide representation and advocacy during the appellate proceedings. They present arguments and evidence to support their client's position and protect their rights and interests.
You may also like to know
What is a cheque bounce?
A cheque bounce or a dishonored cheque is a situation where the bank refuses to pay the amount on the cheque to the payee due to insufficient funds in the account of the payer, or due to incorrect details on the cheque such as mismatched signature, overwriting, post-dated, etc.
What to do when a cheque bounces?
If a cheque bounces, the bank typically returns the cheque to the payee with a 'Cheque Return Memo', stating the reason for non-payment. The payee can then resubmit the cheque within three months if they believe it will be honored the second time. If it bounces again, the payee can prosecute the payer legally.
What are the legal implications of a cheque bounce?
Cheque bounce is a criminal offence in many jurisdictions. For example, in India, under Section 138 of the Negotiable Instruments Act, the defaulter can be penalized with imprisonment up to two years, or a fine which can be as high as twice the cheque amount, or both. However, the specifics vary by country and even state.
How to proceed legally in a cheque bounce case?
Typically, the process starts by sending a legal notice to the defaulter within 30 days of receiving the Cheque Return Memo. If the defaulter doesn't make the payment within the given period (usually 15 days), a complaint can be registered in a court within 30 days.
Can a cheque bounce due to signature mismatch?
Yes, one of the common reasons for a cheque to bounce is a mismatch between the signature on the cheque and the specimen signature available with the bank.
How long is a cheque valid for?
As of my knowledge cutoff in 2021, in most countries like the US, UK and India, a cheque is typically valid for six months from the date of issue, after which it becomes a 'stale cheque' and can be dishonored by the bank.
Can a post-dated cheque be bounced?
Yes, if the account holder issues a post-dated cheque and there are insufficient funds in the account on the date it's cashed, or if the cheque is cashed before the date written on it, it can bounce.
