Dealing with Cheque Bounce from Debtors: Notices and Legal Actions

A cheque bounce is a situation where the cheque cannot be processed because of an insufficient amount in an individual’s account. Section 138 of The Negotiable Instrument Act deals with the cases of dishonor of cheques.

Often it is observed that the buyer asks the supplier for supply of goods and promises him to pay half payment in cash and half in cheque. The payment made through cheque often results in cheque bounce thus rendering the supplier with only half payment which was made through cash. In such cases also a cheque bounce notice can be filed by the supplier asking the buyer to pay the due amount within a stipulated period of time and using it as a warning for completing the pending amount payable.    

In India, a notice for cheque bounce is a legal document that is used to inform a person or business that a cheque they have issued has been returned by the bank due to insufficient funds. This can occur when a person or business writes a cheque to repay a loan or make a payment, but their bank account does not have sufficient funds to cover the amount of the cheque.

If you are the recipient of a cheque that has been returned due to insufficient funds and you wish to notify the issuer of the cheque, you can send a notice for cheque bounce. 

When drafting a notice for cheque bounce in India, there are several things to keep in mind

1. Clearly identify the parties involved, including the issuer of the cheque and the recipient.

2. Specify the details of the cheque, including the date it was issued, the amount of the cheque, and the bank where it was drawn.

3. State that the cheque has been returned by the bank due to insufficient funds.

4. Demand payment of the amount of the cheque, along with any applicable fees or charges.

5. Include a deadline for payment and specify any consequences if the issuer fails to make payment by the deadline.

6. Have the notice signed and dated by the recipient or their representative.

It is important to seek the advice of a lawyer when drafting a notice for cheque bounce to ensure that it is legally enforceable and complies with any relevant laws or regulations. It is also important to keep in mind that sending a notice for cheque bounce is a legal process and may result in the issuer of the cheque being sued for non-payment.