Answer By law4u team
If a cheque issued for repayment bounces in India, the payee (the person to whom the cheque is issued) has several legal remedies available under Section 138 of the Negotiable Instruments Act, 1881. Here's a breakdown of the remedies available: 1. Filing a Criminal Case (Section 138 of the Negotiable Instruments Act): Cheque Bounce Case: The payee can file a criminal case against the drawer (the person who issued the cheque) for dishonour of the cheque under Section 138 of the Negotiable Instruments Act. Conditions: The cheque must be dishonoured due to insufficient funds or other valid reasons (such as "Account Closed"). A legal notice must be sent to the drawer within 30 days of receiving the cheque return memo from the bank. The drawer must fail to repay the cheque amount within 15 days of receiving the notice. The case must be filed within 1 month after the 15-day period expires. Penalties: If the case is successful, the drawer may be penalized with: Imprisonment of up to 2 years. A fine that may extend to twice the amount of the cheque. 2. Civil Suit for Recovery of Debt: If the payee does not wish to file a criminal case, they can file a civil suit to recover the debt owed by the drawer. Procedure: A civil suit can be filed in a civil court for the recovery of the cheque amount. Unlike criminal proceedings, the payee does not need to prove dishonesty but merely needs to show that the amount is due. A civil suit may take a longer time to resolve compared to a criminal case under Section 138. 3. Negotiation or Settlement: Settlement with the Drawer: In some cases, the drawer may agree to repay the cheque amount once it is dishonoured. The payee may opt for an amicable settlement, where the drawer can issue a new cheque or pay the amount in cash. Mediation or Arbitration: If both parties agree, they may opt for mediation or arbitration to settle the matter outside the court. 4. Cheque Bounce Negotiation under Banking Guidelines: Bank Action: If the cheque bounces due to a technical issue (e.g., incorrect signature or mismatch of details), the payee may try to resolve the issue by discussing with the drawer or bank to issue a fresh cheque. However, this remedy only applies if the drawer acknowledges the issue and is willing to make the payment. 5. Sending a Legal Notice: Notice Requirement: Before filing a case under Section 138, the payee must send a legal notice to the drawer within 30 days from the receipt of the bank’s memo informing the dishonour of the cheque. The notice should demand payment of the cheque amount within 15 days. If the drawer fails to pay or respond within the 15 days, the payee can proceed with filing a case. 6. Dishonour of Post-Dated Cheque: If a post-dated cheque issued for repayment bounces, the same procedures apply. The payee can file a case under Section 138 after following the necessary steps, such as sending a legal notice. Summary of Remedies: Criminal Action: File a case under Section 138 of the Negotiable Instruments Act. Civil Suit: File a civil suit for recovery of the cheque amount. Settlement: Negotiate with the drawer for payment or a new cheque. Banking Resolution: Resolve minor issues like technical discrepancies through the bank. The legal route (criminal or civil) is generally more effective if the drawer refuses to cooperate or the payment is not made within the stipulated time.
