Chequec Bounce

Dear Client,
When a person issues a post-dated cheque against a promise or any refund of money refundable by her or him, and the cheque receiver holding the said cheque is free to present the same for encashment. If, on presentation, the cheque is dishonored or bounced for any reason, then the holder of the Cheque can file a criminal suit against the drawer of the cheque under section 138 of the N I Act, 1938, within three months from the date on which it was presented in the bank and dishonored. A post-dated cheque leaf, voluntarily signed and handed over by the Drawer of the cheque, which is towards some payment, would attract presumption under Section 139 of the N.I. Act and on dishonor of the cheque, the cheque's drawer will be held accused under Section 138 of N I Act, 1938. A legal notice is served on the drawer of the cheque within 30 days of the instance of dishonor. The purpose is to give the drawer of the cheque a proper notice regarding the dishonor of the cheque, irrespective of the reason behind the dishonor of the cheque, and a chance to repay. The cause of action arises when notice is served on the drawer and the drawer fails to make payment of the amount of the cheque within 15 days. The payee must file the complaint against the cheque bounce before the Magistrate within 30 days of the expiry of 15 days of issuing the cheque bounce notice to the drawer of the cheque. In the given scenario, you should immediately consult with an experienced Advocate to file a cheque bounce case against the Contractor/Builder in the jurisdictional court of the Magistrate. Apart from this, you can file a complaint over deficiency in service and unfair trade practices against the Contractor or Builder, either under the RERA or the Consumer Protection Act, claiming a refund of the money paid for the purpose, along with compensation for harassment.