Prevention is better than cure is a good health-care concept that has been widely accepted. I would borrow the concept and would like my friends to consider for acceptance in legal matters too. Here are some important tips:
1. Bouncing of cheque and non-payment of the cheque amount when demanded within the stipulated time would expose you to criminal prosecution for an offence under S.138 of the Negotiable Instruments Act. Simultaneously, the drawee of the cheque can prosecute you for recovery of the amount in a civil court. There is a statutory presumption against the drawer of the cheque that the cheque has been executed towards the discharge of a debt or legally enforceable liability.2. You cannot present a cheque after six months of its valid execution.
3. Even if the cheque is dishonoured on its first presentment, it can be re-presented any time during the validity of the instrument.
4. If there are several bounced cheques issued by the same drawer and you are going to file complaints in a court or different courts, please mention the details of the similar complaints you have filed against the opposite party. As per the latest Supreme Court ruling, this information should be given by the Complainant as a mandatory requirement.
Contributed by: asharaj53 @ gmail.comYou may also like to read –
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