Cheque bouncing is one of the most common offences in the country, with over 40 lakh pending cases in the Supreme Court. A cheque can bounce for several reasons such as insufficiency of funds, mismatch in signature, stale cheques, post-dated cheques or if there are corrections in the cheque without authentication. The bank collects a penalty from the defaulter when a cheque bounces. The person issuing the cheque can even get a jail term.
All that’s fine, but what are the remedies if you’ve been issued a cheque which has bounced?
LEGAL ACTION
Almost every bank gives a ‘cheque return memo’ along with the returned cheque stating the reason for the bounce. If you hold the cheque, you need to inform the drawer and ask if you can re-present it to the bank within the 3-month period.
If cheque is dishonoured even the second time, then you can take legal action. As a first step, you can send a legal notice to the defaulter within a period of 30 days from receiving the cheque return memo. The notice should contain all necessary details.
The defaulter needs to make a fresh payment within a period of 15 days from the receipt of this notice. If he still doesn’t make the payment within this time period, then you can file a complaint in the magistrate court. This case should be filed within a maximum period of 1 month from the date of expiry of the 15-day period.
Remember that the complaint should be filed within the time frame. If complaints are made outside the time frame, then the case becomes time barred and will not be entertained. When your case comes for hearing, the defaulter can be punished with a jail term for two years and/or a penalty which can be up to twice the cheque amount. The defaulter can appeal against the order within a period of 1 month of judgement.
However, it may not be so straightforward all the time. Here are two common instances when cheques bounce and what can be done.
RENT CHEQUES
Sometimes, it may so happen that the tenant does not have the funds simply because the landlord did not drop the cheque at the expected time. Therefore, the landlord is bound to first inform the tenant and only then proceed with the legal process. There may be another case when the tenant wishes to set off an amount from a particular month’s rent towards some expense he incurred on behalf of the landlord, which the latter refuses to pay. If there is a cheque bounce because of this, the criminal case will continue against the tenant till he is able to establish that there was a legitimate set-off.
EMI CHEQUES
Banks don’t normally file cases against bounced EMI cheques as the first step. Hefty penalties, loan default charges and cheque bounce charges are levied first. These keep building up for every month of default and added to the EMI amount. Also, the defaulter’s credit rating gets affected with every default he makes. In case of secured loans, banks also have the security as collateral. If the borrower does not make payments even after repeated reminders, the bank can give sufficient notice and auction the security to recover the dues.
(The writer is CEO, BankBazaar.com)
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