Legal Question in Banking Law in India

i had received a cheque from a party but it has been bounced for 3 times at bank due to insufficient funds. What is the legal action could i take against the party. is it true that if i sue in court, the party will get non-bailable jail for 6months without any hearing?

please suggest


Asked on 9/27/10, 11:55 pm

1 Answer from Attorneys
Vishwa Arya Arya & Co.

if the cheque has bounced three times, before you can file complaint it has to be seen if you have not issued notice twice or more for dishonour of cheque. You have to first issue notice to the drawer of cheque.

However, it is not true. the offence is bailable. sentence or punishment will arise after the trial is over and the court find the accused as a convict.

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Answered on 9/28/10, 7:12 am


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