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M. Shiva Rama Krishna
10HM28
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á 2 Cheque is a bill of exchange drawn upon a


specified banker & not to be expressed to be
payable otherwise then on demand|
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á @n Writing
á Unconditional order
á Specified banker
á Payment to a specified person
á Payable on demand
á Specified sum of money
á Signature
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á When a Cheque is presented to a bank for payment & if
it is not paid, it is said to be ³dishonored´ or "bounced".

á Cheque is a negotiable instrument and bouncing of a


cheque is a Criminal Offence, which is governed by
NEGOT@2 E @NSTRUMENT 2CT, 1881. @t is
punishable by up to 2 yrs of imprisonment.
  


á Signature not matched


á Overwriting in cheque
á Presented in bank after completion of six
month
á 2ccount closed
á @nsufficient funds
á Payment stop by account holder
á Opening balance insufficient
á 2mount differs in words & figures
  


á @n case of company without seal of company


á 2ccount number not matched
á @n case of joint accounts only one account
holder sign but both signature are required.
á On the death of customer
á On the insolvency of customer
á On the insanity of a customer
á On Garnishee order
á @n case of crossed cheques
  


á When cheque is issued against the rules of trust.


á 2lteration
á Doubtful
á Other branch cheque
á OD limit crossed
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á Notice should be given to the payer within 1 month of


the dishonor of the cheque.
á 2fter notice, 15 days should be given to the payer for
payment.
á @f the payment is not made within 15 days by a payer, a
suit can be filed in the court with in one month after the
15 days notice period.
á Period of notice is necessary before a suit can be
instituted.

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The case must be filed within 30 days after completion of the


notice period of 15 days. For example«
Notice received by defaulter on 5 November, now one needs
to wait for 15 days i.e. up to 20 November.

@f the payment is not received in these 15 days, a case can be


filed within the next 30 days i.e. before 20th Dec. @f the case is
filed on 21st Dec, it will be dismissed by the court.
  

 
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á Notice should given with in 1 month of cheque bounce
á Notice should be sent by Registered post with acknowledgement
receipt
á @t is advisable to send one copy of notice by mode of U.P.C. as
well.
á 2fter waiting for 15 days after the payer receives the notice, a
case can be filled in court with in one month
á The following documents will be required in filing the suit:
a. Complaint,
b. oath letter
c. photocopy of all the documents such as cheque, memo, notice
copy, and acknowledgment receipts,
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Court Fee ± For a check up to 50000/- the fee is Rs 200. For a
check up to 200000/- the fees is 500/-. 2bove 200000/- the fees is
1000/-.
Memo of 2dvocate is essential at the time of filing a suit along
with signatures of complainant. 2fter case is file by complainant in
court, all documents are cross checked by Judicial Magistrate First
Class, so original documents such as original cheque (bounced),
original memo, copy of notice, receipt of post office, receipt of
U.P.C., acknowledgement receipt, are required at the time of cross
checking. The period of limitation is also verified at this stage.
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á Now hatta (Process Form) is filed by the complainant or


lawyer, along with addresss of accused, and the court will
then issue a summons to accused for appearance in court on
specific date.

á @f 2ccused does not appear in court on the date of hearing, the


court issues a bailable warrant on the request of the
complainant

á @t the accused still does not appear before the court, the court
may issue a nonbailable warrant of arrest
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M2N 2SKED TO P2 RS 4.70 2KH COMPENS2T@ON.

Taking a note of the rise in the cases of dishonor of


cheques, Delhi court has sentenced a man to one year
imprisonment and asked him to pay a compensation of Rs 4.70
lakh to his friend for failing to repay a loan. The court refused to
take a lenient view against Vijender Kumar whose post-dated
cheque to his friend in lieu of loan had bounced due to
insufficiency of funds.
2 MEN SENTENCED @N CHEQUE OUNCE
C2SES

Judicial Magistrate Charanjit 2rora has sentenced


albir Singh, the proprietor of Titan Knitwears here, for
one and half year imprisonment in a cheque bounce
case. The court has also directed albir Singh to pay Rs
5 lakh, which was the cheque amount, as compensation
to the aggrieved complainant.
@n another cheque bounce case, 2dditional Chief
Judicial Magistrate K S Cheema has sentenced one year
imprisonment to Sukhdev Singh, a resident of Partap
Nagar, in a cheque bounce case. 2 fine of Rs 1,000 has
been imposed upon him. The court has also directed
Sukhdev Singh to pay the compensation of Rs 40,000 to
the complainant.