Cheque Bounce Issues by Adv Jeevan Toprani

Cheque bounce issues

Why you have to be careful about the cheques issue

An overview
Cheques are the most common, safe and authentic way of making any financial transaction in both business as well as personal world. But, what happens when the cheque issued by the payer to the beneficiary bounces? Primarily, dishonoring of a cheque hampers the credibility of the payer and causes unjust inconvenience to the payee. Legally, it is a punishable offence. In India, there are numerous pending cases in the courts on the same that needs to be adjudicated.

What are the various grounds on which a cheque can be bounced by the banks?
Insufficient funds in the issuer’s bank
Signature mismatch
Date mentioned on the cheque is disfigured or unreadable
Invalidity of cheque (As cheque is valid only for 3 months from the date mentioned on the face of the document)
Mismatch in the amount in words and numbers
Damaged or torn cheque
Overwriting/scrawling on the cheque
Any suspicion of forgery/fraud by the bank

What are the main grounds that cause dishonor of the cheque as legally enforceable offence?
In accordance to Section 138 of the Negotiable Instrument Act, 1881, a cheque issued by the payer to the payee to meet any debt/liability, if dishonored by the bank due to following reasons, attracts punishment:-

Insufficient funds in the account of the payer
The amount of the cheque is more than the amount arranged to be paid in agreement with the bank

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