I gave a cheque to someone in Faridabad and it bounced what legal notice should I send

Detailed Legal Analysis

If a cheque you issued has bounced in Faridabad, you should send a legal notice under Section 138 of the Negotiable Instruments Act, 1881.

Here are the steps to draft and send a legal notice for a bounced cheque:

• Identify the Details:
  • Ensure you have the details of the cheque, including the cheque number, date of issuance, and amount.
  • Gather information about the bank, including the name and branch.
  • Collect the recipient's details such as name and address.
• Drafting the Legal Notice:
  • The notice should be addressed to the payee (the person who received the cheque).
  • Begin with a statement indicating that the cheque was issued and subsequently bounced.
  • Mention the reason for the bounce (e.g., insufficient funds, account closed).
  • Include the date of presentation of the cheque and the date of intimation received from the bank regarding the bounce.
  • State that the payment was not made despite a legal demand.
  • Clearly mention the amount due and request payment within 15 days from the date of receipt of the notice.
• Legal Basis:
  • Reference Section 138 of the Negotiable Instruments Act, 1881, which deals with the offence of dishonour of cheque for insufficiency of funds.
  • Section 139 presumes that the cheque was issued for the discharge of a debt or liability.
  • Failure to comply with the notice may lead to criminal proceedings under Section 138.
• Sending the Notice:
  • Send the legal notice via registered post or courier to ensure it is received and you have proof of dispatch.
  • Keep a copy of the notice for your records.
• Follow-up Action:
  • If the recipient fails to respond or pay within the stipulated time, you may proceed to file a complaint in a Magistrate's Court under Section 138.
  • Prepare for the trial with all evidence, including the bounced cheque and proof of sending the notice.

By adhering to these steps, you can effectively initiate legal proceedings for the bounced cheque in accordance with Indian law.