What is Cheque Fraud in Pakistan by Check Dishonor and Cheque Bounce
Cheque Fraud in Pakistan by Check Dishonor and Cheque Bounce is a common problem faced by both individuals and companies alike. Cheques Fraud occurs when a check is presented which is:-
- Presented as a form of payment or Guarantee which
- Do not clear either because they have Bounced (Due to not having the amount in the Bank account the Cheque is associated with)
- or that are not Authentic, Fake
- Are Stolen (Not belonging to the person using them)
- or that bear forged information (ie forged signatures)
Types of Cheque Fraud and Dishonour in Pakistan
Essentially, there are 5 ways that are commonly utilized by such crooks in Pakistan to commit Cheque Fraud:-
Altering A Cheque – This is when a Cheque, that was issued by the Account Holder, is then modified and altered by someone else (i.e. the date, name, or amount).
Issuing a Counterfeit Cheque – These are Cheques that are not legitimately issued Cheques by the Bank.
Forged Cheque – This is a Cheque that was not signed by the Account Holder, a Stolen Cheque.
Using someone Else’s Cheque – This is a Cheque Stolen from someone and used Maliciously
Dishonestly issuing a Cheque (Section 489F of the Pakistan Penal Code PPC) –
“Whoever dishonestly issues a cheque towards re-payment of a loan or fulfillment of an obligation which is dishonored on presentation, shall be punishable with imprisonment which may extend to three years, or with fine, or with both. Unless can establish, for which the burden of proof shall rest on him, that he had made arrangements with his bank to ensure that the cheque would be honored and that the bank was at fault in not honoring the cheque”.
-Cheques issued with the intent of misleading all those involved in the transaction or if there are no funds in a bank account is itself a crime.”
How to Avoid Cheque Fraud and Cheque Dishonor and What to do if it happens
To avoid cheque fraud we would suggest:-
- Keep your Cheque Book in a safe and secure place
- Keep on top of you monthly statements regularly
- Try to avoid cheques in favour of more modern approaches
If it has happened to you, we would recommend the following steps
- Report any fraudulent and dodgy activity to your Financial institution/Bankvor the Police.
- IF your cheque has bounced, inform the bank and/or the payee’s to compromise the outstanding payment.
- Send Legal Notice to Defaulter for Payment of Cheque
- Registration of F.I.R U/S 489F Pakistan Penal Code.
- Reporting to FIA Electronic Frauds or Local Police Station
- Effecting FIR by use of by Justice of Peace if required.
- Ensuring pursuance of the case by arrest and recovery of the amount
- Civil and Criminal Litigation in Banking Court, Civil Court of Superior Judiciary in Pakistan.
How to get in touch with the Right Cheque Fraud Lawyer in Pakistan
Our Specialist Criminal Lawyers in Pakistan will analyze your case, and advise you best on how to proceed, depending on your current case, and your desired outcome. Once more, our Panel work on our “24Justice Fixed Fee” basis, which means you will get the most reasonable price, and the most professional service available.
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