The payee can file the complaint before the Magistrate in any of the following places: Jurisdiction of Magistrate for Filing Cheque Bounce Suit The payee must file the complaint against the cheque bounce before the Magistrate within 30 days of the expiry of 15 days of issuing the cheque bounce notice. Under Section 138 of the Act, the offence of cheque bounce is a criminal offence for which the payee can initiate a criminal suit. The payee should register a complaint under Section 138 of the Act. Procedure to Follow After Issuance of a Cheque Bounce NoticeĪfter 15 days of issuing the cheque bounce notice after the expiry, the payee can initiate legal action against the drawer. To know the format of a cheque bounce notice, click here. The cheque must be issued to discharge a legally enforceable liability or debt to constitute an offence under the Act. However, a cheque bounce notice cannot be issued if the cheque was issued as a donation, gift or any other obligation that is not legally enforceable. If the drawer does not reimburse the cheque amount even after the expiry of 15 days, then legal action can be initiated by the payee against the drawer within 30 days of the expiry of 15 days. The payee can issue a cheque bounce notice within 30 days of an intimation sent by the bank and the bounced cheque stating that the bank cannot make the cheque payment due to an insufficient amount.Īfter issuing the cheque bounce notice, the payee must give the drawer 15 days time period from the receipt of the cheque bounce notice to pay the cheque amount. When the cheque bounces due to an insufficient amount, the first step is to demand the payment of the amount by issuing a cheque bounce notice in writing by post under the Negotiable Instruments Act. If the cheque bounces for any other reason other than insufficient funds, the cheque bounce notice cannot be issued, and the payee can demand resubmission of the cheque. Cheque Bounce Notice under Section 138 of the Negotiable Instruments ActĪ cheque bounce notice is issued under Section 138 of the Negotiable Instruments Act when a cheque bounces due to insufficient funds in the drawers’ account to make the cheque amount payment. If the drawer does not agree to submit another cheque, the payee can initiate civil action against the drawer to pay the cheque amount due to him and not the cheque bounce. When the cheque bounces due to overwriting, mismatch of signature, mismatch of the figures and words of the cheque amount or damaged cheque, the payee can ask the drawer to submit another cheque to rectify the mistake. Remedies Against Cheque Bounce Resubmission of cheque Mismatch of amounts or digits – If the cheque amount mentioned in words and figures does not match, the cheque will bounce.Signature mismatch – If the drawer’s signature is unclear or absent or does not match the one in the bank’s data, the cheque will bounce.Damaged cheque – If a cheque is damaged or disfigured and the details are not visible or have marks or stains, the cheque will bounce.Overwriting – If the signature of the drawer or cheque amount or any other statement has been overwritten on the cheque, the cheque bounces for overwriting.If the expired cheque is given to the bank, it bounces. The cheque expires if it is not presented to the bank within three months. Expired validity of cheque – Once the drawer issues the cheque, it must be presented for payment within three months.Insufficient account balance – If there is not enough balance in the drawer’s account to make the payment of the cheque, the bank will reject and return the cheque to the payee with a memo stating insufficient funds to pay the cheque amount.The various situations that result in cheque bounce are as follows: Since the new rule ensures that NACH will be operational on all days of the week, Sundays will also be a day on which the entity can process and clear a cheque. The rule change was brought in to make clearing the cheques a faster and generally smoother one.

These changes apply to all national and private banks. Along with these changes, the RBI announced that the National Automated Clearing House (NACH) would be operational 24 hours a day. In addition to this, the customer who issued the cheque may also have to pay a penalty fee. If this minimum balance is not maintained, the cheque will bounce. According to a notice issued by the Reserve Bank of India (RBI) in early August of 2021, customers whose financial activities revolve heavily around cheques or those who even plan to use cheques will have to ensure a minimum bank balance.

Implications of credit memo