Handling Cheque Bounce Cases
A cheque is an essential instrument for commercial transactions. Cheque, as an instrument of a transaction, has oiled the wheels of commerce. It has facilitated quick and prompt deals and transactions. To give further impetus and transparency to business transactions, dishonour of cheque, or as we call it cheque bounce, became a criminal offence in 1988.
This course will take you through all the applicable provisions relating to cheque bounce cases. We have provided supplements relating to filing a complaint, raising demand notices and also on procedural aspects to explain things in detail.
Checklists and formats:
- Complete list of reasons for cheque bounce
- Standard format of cheque return memo
- Requisite ingredients to file cheque bounce cases
- Sample demand notice
- Sample reply format for demand notice
- Draft complaint petition
I want the last cheque I write to bounce.Chuck Feeney
- 1. Introduction
- 1.1 Welcome
- 2. Cheque
- 2.1 What is a cheque?
- 2.2 Essentials of a cheque
- 2.3 Exercises
- 3. Cheque bounce
- 3.1 Reasons for cheque bounce or dishonour and cheque return memo
- 3.2 Essential ingredients for s.138 NI cheque bounce
- 3.3 Punishment for cheque bounce
- 3.4 Dishonour of cheque given as a security
- 3.5 Dishonour of cheque issued by a third party
- 3.6 Section 138 demand notice
- 3.7 Ingredients of valid notice for cheque bounce
- 3.8 Service of demand notice under Section 138
- 3.9 Drawer response to demand notice under Section 138
- 3.10 Exercises
- 4. Cheque bounce complaint procedure
- 4.1 When to file a complaint?
- 4.2 Who can file a complaint?
- 4.3 Complaint by payee’s power of attorney
- 4.4 Complaint by the company
- 4.5 Jurisdiction for NI cases
- 4.6 How to file a complaint?
- 4.7 Procedure of trial
- 4.8 Interim compensation in cheque bounce cases
- 4.9 Exercises
- 5. Company liability in cheque bounce case
- 5.1 Company liability in cheque bounce case
- 5.2 Liability of directors in cheque bounce cases
- 5.3 Drafting a notice and complaint against a company
- 5.4 Exercises
- 6. Road ahead
- 6.1 Road ahead
- 6.2 International practice
WHY TAKE THIS COURSE?
Twenty per cent of all litigation is with respect to cheque bounce cases. Thus, as a lawyer sooner rather than later, you are going to encounter these cases. As a banker, business person or a customer you too are bound to encounter cheque bounce scenarios frequently or are already dealing with these cases. Most of us have sometime or the other handled cheque bounce cases. And more often than not, in our initial days, burned our fingers for not knowing the procedure well. We learned by trial and error or by asking people how to go about it. This course intends to change this. Handling the cases of cheque dishonour is all about knowing the procedure. EBC Learning will handhold you through this procedural maze. By the end of this course, you’ll be empowered to handle cheque dishonour cases effectively and efficiently.
This course includes:
- Comprehensively curated material on cheque bounce cases
- Succinctly explained procedural aspect of cheque bounce cases
- Ready to use printable checklists
- Sample notices, replies to notices
- Draft complaints
- Case briefs of leading cases on the various aspects of cheque bounce cases
- Mind maps
- Latest case laws
- Active discussion forum
- Certificate from EBC Learning
Advocate Charu Mathur has a rich and diverse expertise on corporate, commercial, civil, criminal and constitutional matters. She is Advocate on Record Supreme Court of India. Advocate Mathur is a regular practitioner before the Hon'ble Supreme Court and represented parties which include cricketing bodies and educational institutions like IIT Jodhpur, NLU Jodhpur, BPUT Orissa, MPUAT Rajasthan, private engineering and medicine colleges of Gujarat and Orissa.
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