Cheque Bounce Lawyer in Kota

Expert Cheque Bounce Legal Services in Kota

Facing a cheque dishonour issue in Kota? Whether you are a business owner seeking to recover dues or an individual dealing with a false accusation, Advocate Prakhar Gupta provides expert legal representation for all matters related to Section 138 of the Negotiable Instruments Act.

As a leading Lawyer in Kota, Advocate Prakhar Gupta understands the local judicial landscape of the Kota District Court and the Rajasthan High Court, ensuring your case is handled with precision and speed.

What is a Cheque Bounce? (Section 138 NI Act)

In India, a cheque bounce is a criminal offense under Section 138 of the Negotiable Instruments Act, 1881. It occurs when a bank returns a cheque unpaid due to:

• Insufficient Funds: The most common reason.

• Signature Mismatch: When the signature on the cheque doesn't match bank records.

• Account Closed: If the drawer closes the account before the cheque is encashed.

• Stop Payment: When the drawer instructs the bank not to clear the cheque.

Why Choose Advocate Prakhar Gupta for Your Case?

When searching for an Advocate in Kota for financial disputes, experience matters. Our law firm offers:

• Strategic Legal Notices: We draft and send airtight legal notices within the mandatory 30-day window.

• Debt Recovery Expertise: High success rate in recovering the cheque amount along with interest.

• Criminal Defence: Providing robust defense for individuals wrongly accused of cheque dishonour.

• Local Court Experience: Deep familiarity with the procedures of the Kota District Courts and JMFC.

Step-by-Step Legal Process for Cheque Dishonour in Kota

The law provides a strict timeline for these cases. Missing a single deadline can result in the dismissal of your case:

• Cheque Return Memo: The bank provides a memo stating the reason for dishonour.

• Statutory Demand Notice: Within 30 days, your lawyer must send a notice to the drawer.

• The 15-Day Grace Period: The drawer has 15 days from the receipt of the notice to pay.

• Filing the Complaint: If payment is not made, a criminal complaint is filed in the Kota court within 30 days after the grace period ends.

Penalties and Punishment

The courts in Rajasthan take cheque bounce cases seriously. Under Section 138, the convicted party may face:

Imprisonment: Up to 2 years.

Monetary Penalty: A fine that can be up to double the cheque amount.

Civil Recovery: Simultaneously filing a summary suit for faster money recovery.