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Cheque Bounce Notice

  • A Cheque Bounce Notice is a legal notice under Section 138 of the Negotiable Instruments Act.
  • It notifies the issuer that their cheque has been dishonored and that they have 15 days to make payment.
  • It is very important to give a valid notice before bringing a cheque bounce case in court. The notice must be in the proper form and proper manner, and be sent within 30 days of receiving the notice of the bounce.
  • Non-compliance can lead to criminal liability including imprisonment or fine.
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Introduction

If you’ve been notified by your bank that a cheque you deposited has bounced – perhaps due to insufficient funds, closure of account, or signature mismatch – you’re legally entitled to do something. The first step to taking action, before you can initiate a court case, is to send a Cheque Bounce Notice

This is a legal document that asks the drawer (the issuer of the cheque) to clear the payment within 15 days of receiving the notice. If the payment is not cleared within this time frame, then you can file a criminal complaint against the drawer of the cheque under Section 138 of the Negotiable Instrument Act, 1881. 

While there may be several reasons a cheque bounced, if you did not send proper notice, your cheque bounce case may be dismissed.

What is a Cheque Bounce Notice?

A Cheque Bounce Notice is a legal notice given to a Drawer by a Payee after a cheque is dishonoured by the bank. This notice is a formal notice of demand for payment and is a required prior step before taking criminal action in respect of the cheque dishonour under Section 138 of the Negotiable Instruments Act, 1881. 

The Cheque Bounce Notice must be issued to the Drawer within a period of 30 days of receiving the return memo from the bank stating the cheque has bounced. Once served, the Drawer is bound by law to make the payment within 15 days of the notice being sent to them. If after that period the Drawer does not make the payment, the Payee is entitled to file a criminal complaint before a magistrate’s court.

Ramesh is a small textile trader in Surat, and he received a ₹4.5 lakh cheque from his client. He deposited the cheque with his bank and received a memo from his bank telling him the cheque bounced due to “Insufficient Funds”. Ramesh’s advocate prepared and sent a cheque bounce legal notice to the client by registered post. When the client did not respond to the legal notice within the 15 days specified in the notice, Ramesh was able to obtain a favorable outcome when he filed a complaint under Section 138. 

The relevant legal provisions are found in Section 138 to 142 of the Negotiable Instruments Act. 

Any payment of a cheque is unpaid on account of insufficient funds or legally valid reason, it shall be deemed that the drawer has committed an offence punishable with a term of imprisonment for a term that may extend to two years, or with fine which may extend to twice the amount of cheque that has been bounced, or with both.

In reality, the courts also consider whether there was a legally enforceable liability/debt upon the date the cheque was made and whether the complainant observed timelines scrupulously.

Why Cheques Bounce in India?

There are several legal and financial reasons for a bounced cheque, but not all of them lead to legal prosecution. The law under Section 138 only provides for dishonoured cheques in which an existing legally enforceable debt existed. Below are some of the most frequent reasons for dishonour:

  • Insufficient Funds – this is the most common and prosecuted reason. If when the cheque is presented, and there are insufficient funds in the drawer’s account, the bank will dishonour the cheque.
  • Closed Account – This is often seen in an intentional fraud manner. Courts treat this seriously because it shows the drawer was aware of the account being inoperative.
  • Signature Discrepancies – This may seem trivial, but it is still actionable if it causes non-clearance and the drawer refuses to honour the payment after being advised.
  • Stop Payment Instructions – If the drawer issues a cheque and then blocks it using stop payment instructions for no good reason, it is still dishonour of the cheque under the Act.
  • Cheques with Alterations – Any alteration of amount, name, or date (without authentication) makes the cheque invalid. Even if that alteration was done by accident, the drawer is still responsible.

How to Write a Cheque Bounce Notice – Complete Legal Format

A cheque bounce notice is a legal document and must comply strictly with Section 138 of the Negotiable Instruments Act, 1881. Since this document or format will be the basis of any legal proceedings under the Cheque Dishonour Act, it is crucial it contains all of the necessary elements and communicates as a legally effective and professionally done document. 

It is always highly advisable to speak to an experienced legal expert or advocate before drafting or sending a cheque bounce legal notice. It is recommended to look to a valid cheque bounce notice format to help ensure your notice includes all of those elements. 

This is a step-by-step checklist on how to write a legally compliant cheque bounce notice as provided to you in section 138.

  1. Sender’s Information- Include the name, address, and contact information of the payee (the person sending the notice).
  2. Recipient’s Information- Include the name, address, and contact information of the drawer (the person who wrote the bounced cheque.)
  3. Date of Notice- Use the actual date of sending the notice. This is only important if the notice needs to prove compliance with timelines under Section 138.
  4. Subject Line- Always have a subject, for example: “Notice of Dishonour of Cheque under Section 138 of the Negotiable Instruments Act”, This keeps things clear and professional.
  5. Details of the Dishonoured Cheque- Your notice of a bouncing cheque must contain:
  • Cheque Number
  • Date of Issue
  • Name and Branch of the Bank
  • Amount of the Cheque
  1. Statement of Dishonour– Which indicates that the cheque has been dishonoured; that includes the reason provided by the bank for dishonouring the check, such as: 
  • Insufficient funds 
  • Signature does not match
  • Account closed 
  • Stop payment order

This makes the cheque bounce legal notice with a factual basis and legally complete. 

  1. Demand for Payment- Demand the payment of the amount in the cheque within 15 days of receipt of the notice – this is required to keep the notice legally compliant under Section 138. 
  2. Legal Consequences (Cheque Bounce Penalties)- Indicate that if it does not get paid within 15 days, you will bring forth legal proceedings. As shown in the Cheque (Dishonour) Act, it states a drawer could receive: 
  • A term of imprisonment of up to 2 years 
  • A fine not exceeding twice the cheque amount
  • Indicate that you wish to bring a cheque bounce case to Court if nothing is done. 
  1. Signature of sender
  • The notice should end with: Signature of the payee or their authorised representative 
  • Name and position (if relevant) 
  • This adds a measure of credibility and helps with the legal compliance in the notice. 
Cheque Bounce Notice

Sample Cheque Bounce Notice Format

Need to know that your legal notice will be valid and enforceable? Diligence Certifications helps clients issue a formal cheque bounce notice written by lawyers, and you can customize it and issue it directly to the sender.

Cheque Bounce Time Limit – What to Know 

A cheque bounce notice must be issued to the sender within 30 days from the time the bank issued a cheque return memo or a cheque bounce notice as per section 138 of the Negotiable Instruments Act, 1881. When the notice is issued, the sender is requested to clear the payment within 15 days. If payment is not made, the payee has 30 days from the day they issued the 15 days from the original notice to file a cheque bounce case.

Cheque Bounce Case Time Limit – Quick Guide

There is no fixed timetable for resolution in cheque bouncing cases. Usually it may take 6 months to 1–2 years processing, depending on how busy the court is and how fast the response is with the courts.

To file, the payee is required to send a cheque bounce notice, which is to be executed within 30 days of receipt of the Cheque Return Memo. If the drawer fails to respond or make payment within a further 15 days, it can file up to a further 30 days to commence legal proceedings.

Cheque Bounce Penalty – What You Should Know

Under Section 138 of the Negotiable Instruments Act of 1881, a dishonoured cheque (a cheque that bounces) can have serious legal and monetary consequences for the drawer of the cheque. Here’s what you have to prepare for as a penalty when a cheque bounces: 

  1. Legal Repercussions

The drawer may be liable to undergo: 

  • Imprisonment for up to a period of 2 years 
  • A fine of up to twice the amount of the cheque, if determined by the court 
  • Imprisonment and a fine, if all required 
  1. Restrictions imposed by the Bank

If you’re a repeat offender of cheque default, expect consequences from your bank: 

  • Withdrawal of the cheque book facilities 
  • Closure of your account as determined by the bank  
  1. Effect on Credit Rating

There is a chance that a defaulted cheque could be logged by various credit bureaus, causing harm to the credit rating of the drawer and the availability of future loans.  

  1. Reimbursement of Bank Charges

A court would likely order you to repay the bank for the administrative expenses incurred for processing the dishonoured cheque.  

Diligence Certifications will allow you to conduct your legal duty as a drawer, to send a properly formulated cheque bounce notice, and manage the situation legally and quickly. 

Key Legal Provisions

  • Section 138: Crime for bouncing a cheque; maximum penalty of 2 years imprisonment or a fine equal to twice the cheque amount.
  • Section 141: If the company commits the crime its officers can also be charged.
  • Section 144: Directors/managers are liable if the crime occurred with their consent or negligence.

Common Reasons for Cheque Bounce

A cheque bounce happens when the bank refuses to clear the cheque because of errors or legal problems. Here are the most common reasons for a cheque bounce:

  • Lack of funds – Insufficient funds or balance in the drawer’s bank account.
  • Stop payment instruction – The drawer tells the bank to stop payment.
  • Incorrect name or account number – Writeability issues.
  • Signature not matching bank records – Signature does not match bank records.
  • Alterations or overwriting – Any alterations to the cheque could lead to the cheque being dishonoured.
  • Date mismatch or cheque expired – Presented cheque has expired as being presented beyond the 3-month consideration period (from the date on the cheque).
  • Damaged or defaced cheques – illegible or torn cheques are dishonoured.
  • Frozen account – Cheque drawn from an account that is suspended or under court restrictions.

If you have cheques that have been dishonoured, you will be required to serve a cheque bounce legal notice on the offending party quickly. At Diligence Certifications, we can assist you in drafting cheque bounce notices and replies to legal notices and initiate legal action without delay.

Why Choose Diligence Certifications?

Wherever you are in India, we provide legal certainty, professional expertise and dedicated support to you for every cheque bounce case. Here is why individuals and businesses across India trust us:

  1. Specialists – Expert Legal Team

Our legal specialists are experts in the Negotiable Instruments Act, 1881 and specialise in cheque bounce legal notices. They know the subtleties of cheque bounce cases, as the precision and expertise required for your cheque bounce case will ensure that your case is handled accurately and with authority.

  1. Legally Compliant Drafting

We are an expert copywriting team, and we will assist you in drafting error-free and court-recognised cheque bounce notices in compliance with Section 138 of the Act, helping you to do something about this.

  1. Claim Filing within Time Limit

Delays are unacceptable, and we ensure every aspect of your complaint is filed within the time limit for cheque bounce cases, so you protect your legal standing and build the best position.

  1. Diligence Certifications – End-to-End Support

Our objective is that you have the full support from the time we send the cheque dishonour notice, to representing you in the court (with our legal network or independently).

  1. Many of Our Users Are Businesses and Individuals

It doesn’t matter if you are or are not a new start, an SME or an individual; we have confidence that we can deliver valued and reliable legal solutions to address your needs across India at an affordable price.

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Frequently Asked Questions

Cheque bounce is when a cheque can’t be paid by the bank due to insufficient funds, signature mismatch, stale cheque, or other technical/legal reasons.

You need to issue a cheque bounce notice to the drawer within 30 days from the date of the return memo/information from the bank. In case the drawer doesn't pay up within 15 days of the cheque bounce notice, you may proceed to file a cheque bounce case.

The payee can file the complaint only within 30 days after expiry of 15 days from date of service of the cheque bounce legal notice.

The cheque bounce penalty under Section 138 of the Negotiable Instruments Act includes imprisonment up to 2 years, fine up to double of cheque amount or both.

Yes, there can be no dispute that a company and those responsible for the dishonoured cheque (directors, managers, etc.) can be sued under Section 141.

A cheque issued from a closed or frozen account would still amount to cheque dishonour, and you can proceed with a legal standard of cheque dishonour as prescribed under Section 138.

A proper format of cheque bounce notice must contain all the details of the sender and recipient, cheque details (number, amount, bank), the reasons for dishonour, demand for payment, and the potential legal consequences of cheque dishonour.

It can be done, but seeking a format for a bouncing cheque notice to be drafted by legal professionals (such as Diligence Certifications) could be very helpful with the legal norms with which it is, and may help you in court if you decide to sue for cheque dishonour.

A reply to a cheque bounce notice is best sent via registered post with acknowledgement. Courts are starting to accept emails, and WhatsApp in some cases.

We assist in drafting legally compliant notices, filing the case (within the prescribed time frame), and providing end-to-end assistance to ensure that you have a timely legal remedy under the Negotiable Instruments Act.

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