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Dishonour of Cheque
Find ready-to-use legal draft templates for cheque dishonour cases under Section 138 of the Negotiable Instruments Act in India.
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Quick Overview
All templates are provided for reference and should be reviewed by legal professionals before use.
Frequently Asked Questions
Common questions about Dishonour of Cheque legal templates
What is cheque dishonour under Section 138?
Cheque dishonour occurs when a cheque is returned unpaid due to insufficient funds or other reasons, attracting penalties under Section 138 NI Act.
What legal documents are needed to file a complaint for cheque bounce?
Documents like dishonour notice, complaint petition, witness statements, and legal notices to the drawer are essential.
How soon should a legal notice be sent after cheque dishonour?
A legal notice must be sent within 30 days from the date of cheque dishonour to initiate legal proceedings.
What is a summary suit under Order XXXVII CPC related to cheque bounce?
It is a fast-track legal process for recovery of money when a cheque bounces due to non-payment.
Can a witness statement be used in cheque dishonour cases?
Yes, witness statements like diet money affidavit can support the case in court.
What should be included in a cheque dishonour legal notice?
It should include cheque details, dishonour reason, demand for payment, and time to comply before legal action.
Is it necessary to file a complaint under Section 138 NI Act to claim cheque amount?
Filing a complaint under Section 138 is a common legal remedy for cheque bounce but civil recovery is also possible.
How to reply to a cheque dishonour notice legally?
A legal reply should address the allegations clearly, state reasons, and indicate intent to settle or contest.
Who can file a cheque dishonour complaint?
The payee or holder of the cheque can file a complaint against the drawer for dishonour.