Dishonor of cheque/ Recovery suits
- Cheque Bouncing cases, N.I Act
We take up all types of cheque bouncing cases from either side i.e from complainant side as well as from accused side, its appeal.
INGREDIENTS The ingredients of the offence as contemplated under Sec.138 of the Act are as under : . 1.The cheque must have been drawn for discharge of existing debt or liability.
2.Cheque must be presented within 3 months or within validity period whichever is earlier.
3.Cheque must be returned unpaid due to insufficient funds or it exceeds the amount arranged.
- Fact of dishonour be informed to the drawer by notice within 30 days. 5. Drawer of cheque must fail to make payment within 15 days of receipt of the notice.
5] A mere presentation of delivery of chqeue by the accused would not amount to acceptance of any debt or liability. Complainant has to show
that cheque was issued for any existing debt or liability. Thus, if cheque is issued by way of gift and it gets dishonoured offence u/s. 138 of the will not be attracted.