ISO 27001: Information Security Management
ISO 27001: Information Security Management – A Simple Guide In today’s digital world, keeping sensitive information safe is more important...
Cheque bounce, also known as a bounced cheque or a dishonored cheque, is a situation where a cheque that is presented for payment is not honored by the bank. This can happen for various reasons such as insufficient funds in the account, a mismatch in the signature, or an account being closed. When a cheque bounces, the payee or recipient of the cheque may face financial difficulties as the payment they were expecting is not received. The person who issued the cheque may also face legal consequences and may be required to pay a penalty fee to the bank.
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A cheque could be a medium of exchange that promotes cashless transactions in a degree economy. A Cheque is additionally termed as a negotiable document to move cash in an exceedingly physical kind or maybe to perform the inter-account transfer.
The situation of cheque bounce means the method of depositing cheques within the bank has been unsuccessful. It might ensue too many reasons:
Reasons for Hiring a Cheque Bounce Lawyer:
Step 1: Send a Demand Notice to the person who has issued you a bounced cheque. The notice includes details regarding the check which has bounced. It should also include information of date the check and a copy of dishonoured memo.
Step 2: The person has 15 days from the time they receive the notice to pay.
Step 3: If you don’t received it, you can file a compliant in the prescribed format in the court.
Step 4: You should submit an oath letter, a copy of the notice issued with the acknowledgement receipt, a photocopy of the memo, and the bounced check received.
Step 5: When the judicial court gets your compliant, the court will review and verify the documents you have sent.
A cheque bounce is a criminal offence stipulated under Section- 138 of the Negotiable Instruments Act, 1881. However, in case of a cheque bounce, the aggrieved party can file a criminal as well as a civil suit against the accused.
If the case goes to court the judgement may take anywhere around 2 to 5 years to take effect.
This Notice is a Notice which shall be given by the unpaid Creditor (Payee) to the defaulting Debtor (Drawer) through an Advocate in case of dishonour of Cheque under section 138 of Negotiable Instrument Act.
According to the NI Act the valid of any cheque is only 3 months from the date of issue. However if the cheque is bounced, one needs to file the case within the stipulated time with is approximately 75 days from the date of dishonor of cheque.
Normally a cheque bounce case is filed within time limit but in case due to some unavoidable reason delay occurs, complaint case can be filed along with an application u/s 5 of Limitation Act to condone the delay.
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Here are some answers to potential questions that may arise as you start your business.
Register your business, obtain necessary licenses, and fulfill tax obligations.
Consider factors like ownership, liability, and tax implications to choose from options like sole proprietorship, partnership, or company registration.
Choose a unique business name, obtain required IDs like Director Identification Number (DIN), and file incorporation documents with the Registrar of Companies (ROC).
Obtain GST registration, trade licenses, and any industry-specific permits required to operate legally.
Maintain accurate financial records, file tax returns on time, and adhere to the tax laws applicable to your business.
Yes, startups in India can benefit from various government schemes offering tax exemptions, funding support, and incubation facilities.
Secure patents, trademarks, or copyrights to safeguard your intellectual assets from infringement or unauthorized use.
Challenges include navigating bureaucratic hurdles, complying with complex regulations, and competing in a crowded marketplace.
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