A cheque bounce occurs when a bank refuses to process a cheque due to insufficient funds, signature mismatch, or other reasons. In India, cheque bounce cases are governed by the Negotiable Instruments Act, 1881, particularly under Section 138, which makes cheque dishonoring a criminal offense.
Legal Provisions
1. Section 138 of the Negotiable Instruments Act, 1881
This section states that if a cheque is dishonored due to insufficient funds or exceeds the arranged amount, the drawer (the person who issued the cheque) can face legal consequences.
Key Conditions for Section 138 to Apply:
- The cheque was issued to discharge a legally enforceable debt or liability.
- It was presented to the bank within three months from the date of issue.
- It was dishonored due to insufficient funds or other valid reasons.
- The payee (person receiving the cheque) sent a legal notice within 30 days of dishonor.
- The drawer failed to make the payment within 15 days of receiving the notice.
2. Punishment for Cheque Bounce
If found guilty under Section 138, the drawer can face:
- Imprisonment of up to 2 years, or
- Fine up to twice the cheque amount, or both.
Legal Remedies for the Payee (Person Receiving the Cheque)
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Filing a Criminal Complaint:
- If the drawer fails to pay within 15 days of receiving the legal notice, the payee can file a complaint in the Magistrate’s court within one month.
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Filing a Civil Suit for Recovery:
- The payee can file a suit under Order XXXVII of the Civil Procedure Code for recovery of the cheque amount along with interest and damages.
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Initiating Insolvency Proceedings:
- If the drawer repeatedly issues bounced cheques, the payee can initiate insolvency proceedings against them.
Defenses Available to the Drawer
- The cheque was issued as a security deposit and not for debt repayment.
- The cheque was forged or stolen.
- The payee altered the cheque without permission.
- The debt was already paid or settled before cheque presentation.
Recent Amendments and Judgments
- The Negotiable Instruments (Amendment) Act, 2018 allows courts to order interim compensation up to 20% of the cheque amount.
- Supreme Court has directed that cheque bounce cases should be resolved swiftly to prevent undue delays.
Conclusion
A cheque bounce is a serious offense in India, carrying both civil and criminal liabilities. To avoid such issues, individuals should ensure sufficient funds, issue cheques carefully, and respond to legal notices promptly. If faced with a cheque dishonor case, seeking legal advice is crucial for a proper resolution.
