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Vishal (Team Lead)     21 April 2010

Cheque Bounce - Response Time and process


A month back I got a cheque bounced twice given to me by my client. I sent him a notice and then he commited twice of coming and settling the amount face to face. However he failed to keep his commitments and didnt turn up. I have the below questions crawling over my head :

1) Till what time I can wait and give him another chance to settle the money.

2) Is their a time limit where in I need to take next action step? Which in case I fail to do due to lack of knowledge might result in my loss ?

3) Incase he doesnt show any possitive signals further, what shall be the next plan of action?

Kindly advice your expert suggestions. Am all thankful for the path shown by you guys!


Vishal D Goel


 7 Replies

Adv.Husain (Advocate)     23 April 2010

first of all whn did u give notice is very important ...as when the cheque bounced for first time and u notified the person bout the same by notice to clear the amount and legal consequences ...thn U CANNOT DEPOSITE THE CHEQUE FOR SECOND TIME...dat means if once u gave notice to that person regarding dishonour u have to file criminal proceeding under sec138 on NI act. if u even deposited the cheque for second time after ntifing the defaulter thn u have waived ur right to initiate criminal recourse..


Vishal (Team Lead)     26 April 2010

Thnx Adv.Husain for your guidelines. I gave the notice only after it was bounced for the second time. I didnt deposit the cheque again. It is gng to be a month now since the notice is been sent. Do I need to take further actions to safeguard my interest? He again commited me and didnt turn up for the third time. So do I need to start taking further actions ? and what would be those? Request your inputs and to show a path ahead.

Adv.Husain (Advocate)     27 April 2010

see u hv to give statutory notice formaking payment of the sum of rs mentioned in chq....that statutoru period is 15 days .....and once that statutory period of 15 days are over ur cause of action arouses....and thn within 30 days u can filr a criminal complaint against the defaulter....note IF U MISS OUT THESE #) DAYS U MAY LOOSE UR RIGHT TO FILE CRIMINAL COMPLAINT UNDER SEC 138 OF NI.

for ne further help u can contact me on 9404377707


1 Like


The best way in current circumstances is get a fresh cheque with a letter from him for due payment.

I am for the defense and such lapses occur regulalry which are fatal for the case. Hoever you can file civil case for money claim within three years.

NG Prasad (sale manager)     15 December 2010

I have recieved a cheque from my client against suplies which got bounced and immediately on return, i have informed the client .The customer started dodging and pulled for about a month. and finally asked me to re present the cheque which got bounced again for second time. Now, what action i can take on the client. Please advice 

with regards

NG prasad

Vishal (Team Lead)     15 December 2010

As per my experience,

1) Cheque Validity is 6 months

2) After the cheque bounce you can give warnings for 15 days after that within 30 days you are suppose to file the case

3) Incase 6 months are lapsed you can file civil case.

Mr. ADV.HUSAIN is a gentleman and can help you in this case.


Uma Shanker (Partner)     26 April 2013

Hi, I have given 2 chqs to one of my customer. As I'm not in a position to pay him, he went legally and filed a case.

I got the summons to attend before magistrate. Kindly let me know what would be the best option to do.

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