Cheque Bounce Cases in India – Complete Legal Guide for 2025

By Advocate Tarun Gaur – Cheque Bounce & Criminal Law Specialist in Delhi


Cheque bounce cases in India are on the rise due to the increasing number of financial transactions made through banking channels. A bounced cheque—technically called dishonour of cheque—occurs when a cheque is returned unpaid by the bank due to insufficient funds, signature mismatch, or account closure.

If you’re facing such a situation and wondering how to recover money from a bounced cheque or how to defend against a cheque bounce complaint, this blog is for you.


🛠️ What To Do When a Cheque Bounces?

The first step is to act quickly. Here’s what you must do if your cheque gets dishonoured:

  1. Cheque Return Memo: Obtain a written memo from your bank explaining the reason for non-clearance.

  2. Legal Notice: Within 30 days of the memo, send a legal demand notice under Section 138 of the Negotiable Instruments Act, 1881.

  3. File a Complaint: If no payment is made within 15 days of receiving the notice, file a cheque bounce complaint before the Magistrate within the next 30 days.

⚠️ Time is of the essence. Delay in sending notice or filing a complaint can result in dismissal.


⏳ Time Limit & Duration of Cheque Bounce Cases

Though courts aim to resolve cheque bounce complaints within 12 months, in practice, such cases may take 1.5 to 2 years. Key procedural stages include:

  • Service of summons

  • Appearance of both parties

  • Framing of notice under Section 251 CrPC

  • Evidence and trial stages


🕵️ Cheque Bounce Due to Fraud or Fake Cheques

If you’ve received a fake, forged, or fraudulent cheque, you must:

  • File a police complaint under Sections 420, 467, and 468 of the IPC.

  • Preserve the original cheque and return memo for evidence.

  • Simultaneously proceed with a complaint under Section 138 NI Act.


⚰️ What Happens If Complainant or Accused Dies?

  • If the Complainant Dies: Their legal heir can apply to continue the case. If not, the case may get dismissed.

  • If the Accused Dies: The criminal complaint abates (closes), since criminal liability doesn’t transfer. However, a civil recovery suit does not abate and can still proceed against the estate of the accused.


✅ How to Win a Cheque Bounce Case

To ensure recovery, the complainant must:

  • Maintain strong documentation – original cheque, bank memo, legal notice, and postal receipts.

  • Follow all deadlines.

  • Engage a competent cheque bounce lawyer.

  • Prove that the cheque was issued against a legally enforceable debt or liability.


🛡️ How to Defend Yourself in a Cheque Bounce Case?

You may be acquitted if you prove that:

  • The cheque was issued as security, not for repayment.

  • There was no legal debt or liability.

  • The notice wasn’t served properly.

  • The complaint was filed beyond limitation.


🔄 New Legal Provisions in Cheque Bounce Law (2025)

  • Section 143A NI Act: Courts may order the accused to pay interim compensation of up to 20% of the cheque amount.

  • Section 148 NI Act: Appellate courts can require the accused to deposit 20% of the fine or compensation as a precondition for appeal.

  • Summary Trials: Courts are encouraged to use quicker, summary procedures to dispose of cheque bounce cases efficiently.


⚖️ Impact of BNSS on Cheque Bounce Cases

The new Bharatiya Nagarik Suraksha Sanhita (BNSS) has introduced a mandatory pre-cognizance hearing for the accused in cheque bounce cases, making it slightly more cumbersome for complainants.

📝 Expert Note: This may reduce the deterrent effect of Section 138 proceedings. The Supreme Court’s final ruling on this provision’s constitutional validity is awaited.


👮 Can You File a Police Complaint in Cheque Bounce Cases?

Yes, apart from the NI Act proceedings, you can:

  • Lodge an FIR under Section 420 IPC (cheating) if there was fraudulent intent from the start.

  • Pursue both civil and criminal remedies depending on the facts of your case.


📌 Conclusion: Legal Awareness is Key

Whether you are a victim of cheque dishonour or a person accused under Section 138, understanding the procedure and your rights is crucial.

🔹 For Complainants: Act fast, retain documents, and hire a qualified lawyer.
🔹 For Accused: Don’t panic. There are valid defences. Consult a lawyer early.


📈 Frequently Asked Questions (FAQs)

  • What is the punishment for cheque bounce in India?

  • How to file a cheque bounce case under Section 138?

  • What are the latest cheque bounce laws in 2025?

  • Can cheque bounce case be filed after 30 days?

  • What happens if cheque bounce accused dies?


📞 Need Legal Help?

If you’re dealing with a cheque bounce issue—whether as a complainant or an accused—consult Advocate Tarun Gaur, a trusted name in cheque bounce, white-collar crime, and commercial litigation in Delhi.

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