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Cheque Bounce & e-Payment Dishonour

Complaints and defence under Section 138 of the Negotiable Instruments Act and Section 25 of the Payment and Settlement Systems Act.

Criminal Law · Lucknow

Dishonour of a cheque issued for a legally enforceable debt is an offence under Section 138 of the Negotiable Instruments Act, 1881, once the drawer fails to pay after a proper demand notice. Section 25 of the Payment and Settlement Systems Act, 2007 makes the dishonour of an electronic funds transfer — such as an ECS or NACH mandate — for insufficient funds an offence on similar lines.

Both depend on strict deadlines: the demand notice within 30 days of learning of the dishonour, 15 days for the payer to pay, and the complaint within one month after that.

When you may need this

  • A cheque or ECS/NACH payment given to you has bounced
  • You have received a demand notice for a bounced cheque
  • A complaint has been filed against you
  • You want to settle a pending case

How we handle it

  1. We send a legal demand notice within 30 days
  2. We track the 15-day payment period
  3. We file the complaint within the time allowed
  4. We seek interim compensation and pursue the trial
  5. We explore settlement and compounding at every stage

Documents to bring

  • The cheque or payment mandate
  • Bank return memo
  • Copy of the notice and postal receipts
  • Loan or transaction documents
  • Correspondence with the other party

Questions about Cheque Bounce & e-Payment Dishonour

What is the time limit to send a legal notice for a bounced cheque?

The demand notice must be sent within 30 days of receiving information from the bank that the cheque was returned unpaid.

What is the punishment for cheque bounce under Section 138?

Imprisonment of up to two years, a fine of up to twice the cheque amount, or both. The court can also order interim compensation of up to 20% of the cheque amount.

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