Law4u - Made in India

What are the defences available to a person against whom a complaint for cheque bounce has been filed?

12-Sep-2023
Cheque Bounce

Answer By law4u team

When a person faces a complaint for cheque bounce (dishonored cheque) in India, they have certain defenses available to them. These defenses can be used to contest the allegations and defend themselves in the legal proceedings. Here are some common defenses that can be employed: Lack of Validity of the Cheque: The accused can argue that the cheque in question is not legally valid for various reasons, such as it being post-dated, stale, or not properly filled out. Insufficiency of Funds: If the accused can prove that there were sufficient funds in their bank account when the cheque was issued, or that the dishonor occurred due to a banking error, they can use this as a defense. No Debt or Liability: The accused can assert that there was no legally enforceable debt or liability at the time the cheque was issued. This defense is applicable if the cheque was given as a gift, a security deposit, or for any other purpose that did not involve a debt. Forgery or Unauthorized Signature: If the accused can prove that their signature on the cheque was forged, or that the cheque was issued without their knowledge or authorization, it can be used as a defense. Stop Payment: If the accused had issued a stop-payment order to the bank before the presentation of the cheque, they may use this as a defense. However, this defense requires proper documentation of the stop-payment instruction. Material Alteration: If the complainant has altered the cheque in any way, such as changing the amount or date, the accused can raise the issue of material alteration as a defense. Notice: One of the key requirements under Section 138 of the Negotiable Instruments Act is that the holder of the bounced cheque must have given notice to the drawer of the cheque within 30 days of the dishonor of the cheque. If proper notice was not given or was not given in accordance with the law, the accused can use this as a defense. Bank Error: If the dishonor of the cheque occurred due to a bank error, the accused can use this as a defense. They would need to provide evidence, such as bank statements or communication with the bank, to support this claim. No Intention to Defraud: The accused can argue that there was no intention to defraud the complainant, and the issuance of the bounced cheque was a genuine mistake or an error. Compromise or Settlement: If the parties have reached a settlement or compromise after the issuance of the bounced cheque, this can be used as a defense. It's important to note that the specific facts and circumstances of each case will determine the viability of these defenses. Legal advice from a qualified attorney is crucial when dealing with a complaint for cheque bounce to assess the best defense strategy based on the individual case.

Cheque Bounce Verified Advocates

Get expert legal advice instantly.

Advocate Sudheesh K

Advocate Sudheesh K

Family, Divorce, Anticipatory Bail, Criminal, Motor Accident, Cheque Bounce, Recovery, Child Custody, Cyber Crime, Domestic Violence, High Court, Breach of Contract, Arbitration, Civil, Consumer Court, Labour & Service, Landlord & Tenant, Patent, Property, R.T.I, Revenue, Wills Trusts, Trademark & Copyright, Bankruptcy & Insolvency, Banking & Finance, Corporate, Court Marriage, Customs & Central Excise, Documentation, GST, Immigration, Insurance, International Law, Media and Entertainment, Medical Negligence, Muslim Law, RERA, Tax, Succession Certificate, Startup

Get Advice
Advocate Ritesh Ranjan

Advocate Ritesh Ranjan

Anticipatory Bail, Cheque Bounce, Divorce, Domestic Violence, Landlord & Tenant, Property, Succession Certificate, Court Marriage, Wills Trusts, Family, Civil

Get Advice
Advocate Ashwini Trivedi

Advocate Ashwini Trivedi

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Court Marriage, Divorce, Domestic Violence, Family, High Court, Labour & Service, Muslim Law, Motor Accident, Landlord & Tenant

Get Advice
Advocate Ashwatha Narayana V

Advocate Ashwatha Narayana V

Anticipatory Bail, Cheque Bounce, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Motor Accident, Muslim Law, Property, R.T.I, Succession Certificate, Supreme Court, Revenue

Get Advice
Advocate Shubham Singh Rajpoot

Advocate Shubham Singh Rajpoot

Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Sarbani Das

Advocate Sarbani Das

Civil, Consumer Court, Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Corporate, Divorce, Documentation, Criminal, Domestic Violence, Court Marriage, Family, High Court, Landlord & Tenant, Motor Accident, Muslim Law, Recovery, Property, Succession Certificate, Wills Trusts, Trademark & Copyright, Child Custody

Get Advice
Advocate Krishna Mohan Prasad

Advocate Krishna Mohan Prasad

Anticipatory Bail, Labour & Service, Customs & Central Excise, Cheque Bounce, Civil, Bankruptcy & Insolvency, Banking & Finance, High Court, GST, Tax

Get Advice
Advocate Gongidi Narsimhulu

Advocate Gongidi Narsimhulu

Arbitration,Family,Divorce,Criminal,Cheque Bounce,Consumer Court,Domestic Violence,Documentation,Civil,Child Custody,

Get Advice
Advocate Neelu Dubey

Advocate Neelu Dubey

Consumer Court, Banking & Finance, Anticipatory Bail, Cheque Bounce, Criminal, Family, High Court, Insurance

Get Advice
Advocate Rajesh Roushan

Advocate Rajesh Roushan

Anticipatory Bail, Arbitration, Banking & Finance, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Family, Domestic Violence, Property, Trademark & Copyright

Get Advice

Cheque Bounce Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.