What to Do If a Payment Cheque Bounces

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What to Do If a Payment Cheque Bounces: Legal Steps Every Business Should Know

A bounced cheque isn’t just a financial inconvenience — it’s a legal matter that can severely impact your business cash flow and credibility. In India, cheque dishonour is a punishable offence under Section 138 of the Negotiable Instruments Act, 1881.

At Corpsage Legal, we assist individuals and businesses in taking swift and lawful action in cases of cheque bounce or dishonour.

What Is a Cheque Bounce?

A cheque bounce occurs when a bank declines to honour a cheque due to reasons such as:

  • Insufficient funds
  • Signature mismatch
  • Account closed
  • Stop payment instructions
  • Cheque validity expired

According to Indian law, dishonouring a cheque issued for repayment of a legally enforceable debt or liability is an offence.

🔗 Read about Section 138 – Negotiable Instruments Act

Step-by-Step Legal Process to Follow After a Cheque Bounce

  1. Obtain Return Memo from the Bank : When the cheque is returned unpaid, the bank will issue a “cheque return memo” stating the reason for dishonour. This document is critical for initiating legal action.
  •  
  1. Send a Legal Notice Within 30 Days : You must send a legal notice to the cheque issuer within 30 days of receiving the cheque return memo. The notice should
    • Mention the cheque amount, date, and reason for dishonour
    • Demand payment within 15 days of receiving the notice
    • Be sent via registered post or courier with proof
    • Need to send a legal notice? Contact Corpsage Legal to get it drafted and served professionally
  •  
  1. Wait for the Mandatory 15-Day Grace Period : The drawer (issuer) is given 15 days to make the payment after receiving the notice. If they pay within this time, no further legal action can be taken.
  1. File a Criminal Complaint in Court : If payment is not made within 15 days, you can file a criminal complaint under Section 138 in the Magistrate’s Court within 30 days of expiry of the grace period. You’ll need: 
    • Original bounced cheque
    • Bank return memo
    • Copy of legal notice sent
    • Postal receipts or tracking proof
    • Affidavit and supporting documents
  1. Court Proceedings and Possible Penalties : Once the complaint is admitted, the court may issue summons. If proven guilty, the drawer may face:

    • Up to 2 years imprisonment
    • Monetary fine up to double the cheque amount
    • Or both

    The court may also order compensation to the complainant. 🔗 Understand the Cheque Bounce Penalty in Detail – RBI FAQ

  2. Civil Remedies Alongside Criminal Action : You may also initiate a civil suit for recovery of the cheque amount under the Code of Civil Procedure, 1908, particularly if the cheque was part of a commercial transaction or contract.

How Corpsage Legal Can Help

  • Drafting and serving legal notices
  • Filing and representing you in court
  • Negotiating settlements and recovery
  • Providing documentation and litigation support
  • Need legal help with a bounced cheque case? Book a consultation with our expert litigation team.

Common Mistakes to Avoid

  • Ignoring deadlines (30 days to issue notice, 15 days for payment, 30 days to file complaint)
  • Accepting partial payments without legal documentation
  • Not keeping proof of notice delivery

Frequently Asked Questions (FAQs)

Q1: Can I send a legal notice via email or WhatsApp?
While traditional notice via post is recommended, courts are increasingly accepting digital proof — but it’s best to consult a lawyer for proper service methods.

Q2: What if the cheque was given as a gift or without legal liability?
Cheque bounce law applies only to legally enforceable debts or liabilities — not gifts, donations, or blank cheques without purpose.

Q3: Can I claim interest or legal expenses?
Yes. You can claim interest, court costs, and legal fees under civil recovery proceedings

 

How to Contact Corpsage Legal LLP?

To connect with us for contract management services for your business, follow any of the below-mentioned ways:

  1. Email: Send us an email with your specific requirements for info@corpsagelegal.com
  2. Mobile: Call us at (+91) 8383943889 or (+91) 8588998935
  3. Online Form: Fill out the complete form available at https://corpsagelegal.com/contact/
  4. Visit Us: You can visit us at our office in Sector 63, Noida, Uttar Pradesh, India.

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