Due to a variety of factors, such as the ability to send payments to those without bank accounts using checks or the fact that some people are still unsure of how to utilise online banking, many people still prefer to use checks to make payments. However, incidences of check bounce are becoming more common today, and cases filed under Section 138 of the Negotiable Instruments Act of 1881 are flooding Indian courts.
These situations typically involve trying to extort money from someone or damaging and destroying their reputation. However, some of these cases involving check bounces are false and untrue, and they target innocent people who then find themselves in legal trouble because they are ill-informed about what to do.
How would you approach a case with a fake check bounce?
The victim in these situations should not worry too much because it is usually simple to demonstrate with the proper documentation that the issuer has a sufficient amount or fund in their bank account to prevent a cheque bounce.
Collecting all the important documents:
When a person is falsely accused in Cheque bounce case, the wisest and smartest course of action is to gather evidence that will prove him guilty of the allegation. In a similar vein, gathering the necessary evidence in this instance would demonstrate my innocence and the bank’s wrongdoing.
Contact the bank and collect information regarding the dishonour of cheque:
The bank will send you a notice if your check bounces informing you of the situation. The next step is to get in touch with them to find out if it actually happened and, if so, what caused it.
Employ a lawyer, and respond to the bank’s legal notification:
A legal notice is not simple to write, and you should not take it lightly since once it is written and issued, you will be unable to amend its contents and will be required to adhere to them. You wouldn’t be able to contradict the declaration you made in your notice. In order to respond to the notice regarding the cheque bounce case that you would have received from the check receiver, you must speak with a lawyer who handles such issues. Within 30 days of receiving the notification, the response must be delivered. Once a legal notification is given, the case is frequently withdrawn in these types of fraud and false allegation situations.
File a counter case:
It is lawful for you to initiate a counter civil lawsuit against the individual who falsely accused you of a check bounce. You are entitled to reimbursement for the unfounded charge. Additionally, you are entitled to reimbursement for any losses and costs incurred as a result of handling the bank fraud case. Additionally, you have the option of suing the false accuser for defamation.
Documents needed to file a counter case include:
- Payment bills
- when the payment was made, a bill was produced
- The statement of bank accounts
- a copy of the issued check
- Checks drawn on banks
Always preserve two or three copies of each document, as you may occasionally need to give copies to the authorities handling the case. When the paperwork are close at hand, the procedure goes more quickly and smoothly.