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Guide To File Cheque Bounce Case in Hyderabad

This is a guide for needy, who got Cheque bounce case to file in Hyderabad. I wish this article helps juniors and others from different states.

Legal things to be complied before filing a cheque bounce case:

  1. The Cheque issued by the drawer in favor of Payee shall be dishonored with few grounds like
    (i) Insufficient Funds,
    (ii) Signature mismatch,
    (iii) Account of the drawer closed and etc.,
     
  2. The Payee has to inform the same to the Drawer of the cheque vide statutory legal notice within 30 days from the dishonor of the cheque. Preferably, the Payee has to see that the notice shall be received by the Drawer within that 30 days.
     
  3. The condition in the said notice from the Payee shall demand the Drawer to pay the amount covered by cheque within 15 days from the receipt of the notice. (Mandatory).
     
  4. Limitation effects from hereafter:
    Leave the first 15 days from the receipt of notice, this is the time period given to the drawer to act upon the notice issued by the Payee. if there is no action taken by the Drawer, the Payee shall file a complaint under section 142 of NI Act read with 138 of NI Act.
Note: (a) Filing shall be done in the court of Judicial First Class magistrate/Chief Metropolitan or Additional Chief Metropolitan magistrate holding the jurisdiction where the Payee bank is located or in other words where the cheque was returned unpaid (complainant bank). The Limitation prescribed by the Act to file the complaint is 30 days from the statutory compliance of legal notice.

Example:
Drawer issued Cheque to payee on 01.01.2020, the cheque was presented and the same was dishonored on 02.01.2020, the Payee has to issue legal notice before 01.02.2020 (30 days). If the said notice is served on 03.02.2020, the Payee has to wait for 15 days from 03.02.2020 as mandate.

The Limitation prescribed by the Act to file the complaint is 30 days from the statutory compliance of legal notice. thus the filing shall be done between 19.02.2020 to 22.03.2020.

Filing Process

An Index is always helpful, both to you and the court of law.
Note: now this Payee and Drawer are termed as Complainant and Accused.
  1. Complaint under sections 142 and 138 of NI Act:

    Your Complaint will be the first document. It shall disclose the way you are related to the Accused, for which purpose you has to lend amounts to him, any promise by the Accused for repayments, if so any condition or agreement between the parties, date and time shall be mentioned in the complaint i.e., the Date, Place and Time you gave amount to Accused at his request and any witnesses to this transaction. if there are witnesses, you have to put them in your complaint.

    Later breach of Accused promise in repayment, the cheque he or she issued in discharge of legally enforceable debt or liability, your legal notice on such dishonor of the said cheque, Accused negligence in payment despite receiving your notice has to be clearly enumerated in your complaint.
     
  2. Sworn Affidavit of the Complainant:

    A detailed Sworn Affidavit of the Complainant along with Verification Affidavit has to be filed along with the complain and these will be your 2nd and 3rd Documents respectively.
     
  3. Vakalathnama:
    duly Signed by the Counsel for the complainant showing his Name, Bar Council enrollment number, Office address and seal. The Complainant has to sign at the place provided and shall be Notarized or attested by Advocate from Hyderabad.
     
  4. List Of Documents:

    At the time of filing case in Hyderabad, you need not produce original documents. the Scrutiny will ask only for verification. The originals are to be produced at the time of trial along with the complainant's chief evidence affidavit. you call it as PW1 chief evidence affidavit.

    Copies of Cheque returned unpaid, Bankers return memo, legal notice issued on Drawer, Postal receipt and Acknowledgment are mandate and other relevant documents shall be filed in photo copies.

    Note: Complaint, Sworn Affidavit, Verification statement shall be in original and same set of photocopies along with list of documents shall be filed for Accused set. One set per each Accused shall be enclosed in the file. List of documents shall be submitted with Form No. 7 available in stationery at BAR Assoc.
     
  5. Process:

    Form 61 enclosed with one set of summons to Accused (3 copies in number) along with a summoning cover letter (2 copies in number). likewise one per each Accused. A Postal cover with Rs. 30/- postal stamps to be affixed with process.

    Note: Advocates welfare Assoc. stationery people will help you in this or even the concerned court's CMO will.
     
  6. Court Fee for the complaint and process, Welfare stamp to the Vakalath shall be taken care of.

Hope this information will be helpful to the Juniors who started their practice and people from places other than Hyderabad.

Written By: Aditya Santosh Kumar Vadali

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