138 ni act

adit (Querist) 06 June 2025 This query is : Resolved
CHEQUE BOUNCED WITH RETURN MEMO ADVICE NOT RECEIVED,CAN ANYONE PROVIDE LAW ,JUDGMENTS ,RULINGS OR ANY RBI GUIDELINE ON THIS FOR THIS MEMO WILL BE CONSIDERED IN 138 NI ACT OR NO

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If a cheque is returned by the bank with the memo 'Advice Not Received', it can still be considered a cheque bounce offence under Section 138 of the Negotiable Instruments Act. This memo often implies the drawer does not intend to honour the cheque, even if the bank hasn't received confirmation. You should serve a legal notice to the drawer and consult a lawyer to pursue action if necessary.

T. Kalaiselvan, Advocate (Expert) 07 June 2025
If the Bank has returned the cheque without honouring it for the reason that advice not received then also it attracts the cheque bounce offence.

Advocate Bhartesh goyal (Expert) 07 June 2025
Cheque returns due to any reason comes under purview of sec 138 of N.I.Act.

Dr. J C Vashista (Expert) 08 June 2025
When a cheque is returned with the reason "Advice not received," it means the bank hasn't received a confirmation or instruction from the issuing bank regarding the cheque's details, especially for high-value transactions like those over 5 lakhs in India.
"Advice not received" implies that drawer of cheque do not want to honour it.

T. Kalaiselvan, Advocate (Expert) 10 June 2025
In order to attract the provisions of Section 138 of Negotiable Instruments Act, the cheque should have issued for discharge of a liability or debt.
On receipt of return memo by bank you may serve a legal notice to the drawer of cheque and demand cheque amount, on the basis of his response you may pursue the matter accordingly.

Dr. J C Vashista (Expert) 11 June 2025
Consult and engage a local prudent lawyer to proceed for filing a complaint under section 138 of the Negotiable Instruments Act, 1881against drawer of the subject cheque.

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