Often people take a check in lieu of borrowing and believe in some of their close, awareness or friends. But if that check bounces, he turns back from returning the money, then we turn to the court. The court acquitted the accused in a case of check bounce in a Delhi court. The reason is only so much that he did not fulfill the necessary conditions to register this case. Let’s know from experts- what is the whole case and what are the conditions.
In this case of check bounce recorded at Bhajanpura police station, there was a dispute between the plaintiff and the policeman for a borrowing of Rs 2.5 lakh. The plaintiff said that both of us had good friendship. We gave them money when needed and the plaintiff claimed that the accused issued a check in lieu of loan, which bounced and after that a legal notice was sent. According to them, this whole process was legal. However, Muljim’s advocate Manish Bhadoria argued in the court that the plaintiff has not followed the necessary legal procedures under Section 138 of the Negotable Instruments Act, 1881. Due to this, the plaintiff could not get any relief in this case.
Muljim advocate Manish Bhadoria argued that the plaintiff took 31 days to send the notice, which can be sent within 30 days. Apart from this, the recipient’s address in the notice was incomplete, which does not prove that the accused received the notice. In the information given by the plaintiff to the court, it was marked that the notice was not received by Muljim.
Thus, the case in court focused on the fact that the plaintiff did not follow the necessary legal procedures in the case of check bounce. It has also gone to the decisions of the decisions in the High Court. Superintendent Manish Bhadoria said that people often make the same mistake in the check bounce case. This act is not so easy. Let’s know what are the 6 points that you must take care of in the check bounce case.
What is the negotiable instruments Act, 1881
Negotiable Instruments Act, 1881 is a law that makes the transactions related to documents such as checks, principal notes and bills of exchange safe and reliable. Under this law, if a person gives a check to someone to pay and the check bounces, then he can be punished.
Remember the necessary conditions of Section 138 of the Negotiable Instruments Act, 1881
Presentation of check: The check should be presented in the bank within its validity period (maximum 3 months).
The purpose of the check: check has been issued for payment of any valid loan or liability.
Information about the bounce: within 30 days of receiving the information of check bounce from the bank, the plaintiff should send a written notice to the accused.
Period of payment: The accused should pay within 15 days of receiving the notice.
To file a lawsuit: If the accused does not pay, then the plaintiff should file a complaint in the court within 30 days.