Money & banking › Cheque bounce
Got a court summons in a cheque bounce case
What usually matters in this situation, and the papers to keep ready before you meet an advocate or free legal aid (call 15100).
Make my own list — free, 2 minutesYour situation
- Which side are you on? I issued it and got a legal notice or court summons
Papers to gather
- The notice or summons you received, with its envelope
Paying within 15 of receiving the notice usually ends the matter. Where: Your post. - Papers about the deal behind the cheque (agreement, invoices, loan papers, messages)
Your defence or settlement depends on what was actually owed. Where: Your records. - Your account statement around the cheque date
Shows balance, stop-payment instructions or closure. Where: Net banking.
You may also need, depending on your answers
- Messages where the issuer admits the debt or promises payment — Admissions are strong evidence.
- Company details and names of directors/partners who sign — Those in charge of the company may also be made accused.
- Proof of payments already made towards this debt — Reduces or disproves the liability.
- Records showing the cheque was given as security, or the deal it related to — Whether a "security" cheque can be the basis of a case depends on whether a debt existed when it was presented.
- A realistic payment or settlement proposal, with proof of what you can pay — Paying within the notice period, or settling later, can end the case.
- List of all cheques, dates, amounts and payments in the deal — Avoids confusion over amounts and multiple cases.
What the law says
Cheque dishonour is a criminal complaint under Section 138 of the Negotiable Instruments Act. Deadlines run from specific events, so exact dates matter. Since 1 November 2025 (Supreme Court, Sanjabij Tari), summons can be served by email and WhatsApp, the accused can pay online at the start, and settlement costs were reduced: no cost if paid before the accused's evidence, 5% before the trial court's judgment, 7.5% in the High Court and 10% in the Supreme Court.
General information, not legal advice.
Saboot will also ask
- What reason is written on the bank's return memo?
- Why was the cheque given?
- Roughly how much is the cheque for?
- What have you received?
- Do you dispute that you owed this amount?
Similar situations
- A cheque I received bounced for insufficient funds
- The person stopped payment on the cheque he gave me
- Cheque bounced because the account was closed
- Cheque bounced for signature mismatch
- I gave a cheque and it bounced — what now?
- Got a cheque bounce notice — I gave the cheque
- Security cheque I gave years ago was misused
- Rent or salary cheque bounced
Sources
- Negotiable Instruments Act, 1881
- Sanjabij Tari v. Kishore S. Borcar, Supreme Court, 25 Sep 2025 — 2025 INSC 1158
- Limitation Act, 1963
The full guide: A cheque bounced — I gave it or I received it · All situations