Money & banking › Cheque bounce
Security cheque I gave years ago was misused
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 the cheque and it bounced
Papers to gather
- 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?
- 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
- Got a court summons in a cheque bounce case
- 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