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Kamal Singh (me)     06 January 2010

Check Bounce

 I have capture in serious problem before one moth i have sell the goods to buyer on his order and he provide me a check but when we go to bank to present the check ,check have benn bounced due to the insufficient balance in buyer account , I am continously making contact with the buyer but everytime he extended date of payment .please someone guide what can i do in such situation....


 8 Replies

shamina sayed (Advocate)     06 January 2010

The validity of the cheque is of sisx months.within six months you can present it any number of times.however when the cheque is presented for incahsment and it gets bounced/dishonoured then you have to send statutory notice within one monthfrom the last date of dishonourment of the cheque to the person who issued the cheque to you.then we wait for fifteen days timing and if the person does not gives you the cheque amount then we can file the case u/s 138 of N.I.Act. in proper court of law for the offence committed by the accused.

with regards Adv.shamina sayed.

contact 9324043366.

1 Like

kranthi kiran (Works In Judicial Department)     06 January 2010

I agree with that, follow the guidance of shamina mdm

kapil sharma (advocate)     06 January 2010

 follow the same 

Adesh Kumar Sharma (Senior Associate Lawyer)     23 January 2010

Dear Mr. Kamal,

There is no need to worry about it, but the cheque has to be presented to the Bank within a period of six months from the date on which it is drawn or within the period of its validity, which is earlier.

 You have to present the cheque for encashment thereof, within 6 months of its validity. In other words you can say that you can present it for encashment within 6 months from the date of its issuance.

 In your case, if the cheque is in its validity period, you present the cheque again for encashment to your bank. Thereafter you have to get issued a Demand/Legal Notice under section 138 of Negotiable Instrument Act, 1881, within 30 days from the receipt of intimation of such dishonour from your Bank. You have to give 15 days’ time from the date of delivery of such demand/legal Notice.  If that person does not make any payment of cheque amount within 15 days from the receipt of such Demand notice, then after the expiry of 15 days’ but within next 30 days, you can file a Criminal Complaint under section 138 of Negotiable Instrument Act, 1881, before the court of Metropolitan Magistrate or a Judicial Magistrate of the First Class, who has Jurisdiction to entertain such Complaint.

As per the provision of section 138 of Negotiable Instrument Act, 1881, such person shall be punished with imprisonment for [a term which may be extended to two years], or with fine which may extend to twice of the cheque amount, or with both.   

Thanking You

1 Like

Kamal Singh (me)     23 January 2010

 Thank You Very Much Adesh ji.

CS Pooja (Company Secretary)     25 January 2010

Ms. Shamina and Mr. Sharma have guided well.

Sachin Bhatia (Advocate)     27 January 2010

If the cheque bounced still in its validity file a case under section 138 of N.I.Act otherwise file a case u/s 420 of I.P.C.

TVD Rajkumar (Advocate)     29 January 2010

 Can't Mr. Kamal also file a summary suit in civil courts?

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