The number of people that have credit cards, loans and owe debt on getting higher every year and now with the job losses r lessened income, it is becoming more and more problematic for a huge number of people to repay back the debts that accumulated over a period of time. The situation is also worse when such troubles in repayment of debts are considered as a criminal offence.
The India law describes and criminalizes dishonor of cheques. The different acts included in the scope of dishonor are as follows:
1. Drawing of cheque without funds which can be withdrawn or with funds less than the cheque amount.
2. After issuing the cheque, withdrawing all or parts of the funds and rendering the balance insufficient to settle the cheque amount. This is where new need a cheque bouncing case lawyer to resolve the case.
Therefore, it is noticed that in all the above mentioned criminal acts, two required components are bad faith and knowledge. These components are usually presumed to be present in case of cheque bouncing and hence the burden of proving absence of these aspects is on the individual accused for the offence. If the person is not able to disprove the existence of those aspects, he is penalized by a fine or a term of imprisonment or both. Only a good litigation lawyer in Mumbai can help in this situation.
Both the courts and the committee are quite effective in dealing with such cases. There is a 6 months limitation period for filing of cases associated with bounced cheques after which no legal action can be taken against the drawer of bounced cheque. Therefore, it is recommended to take action at the earliest and look for help of civil and housing society lawyers in India to avoid delay in the procedure to avail the remedy.