Answer By law4u team
Yes, a cheque can be re-presented for payment after it bounces due to insufficient funds or any other reason. In fact, the Reserve Bank of India has mandated that cheques can be re-presented for payment up to two times within a period of 90 days from the date of the original cheque. When a cheque bounces, the bank will issue a 'cheque return memo' to the payee or the payee's bank, stating the reason for dishonour. The payee can then choose to re-present the cheque to the bank for payment after correcting the reason for dishonour, such as adding funds to the account or correcting a technical error. If the cheque is re-presented within the specified time period and it bounces again, the payee can initiate legal action against the drawer of the cheque under Section 138 of the Negotiable Instruments Act, 1881 for the offence of cheque bounce. It is important to note that while re-presenting a cheque for payment after it bounces is permissible, it is generally advisable to ensure that sufficient funds are available in the account before issuing a cheque to avoid the inconvenience and legal consequences of a bounced cheque.
