Who is Called a Defendant in Civil Cases in India? Meaning and Role Explained

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  Who is Called a Defendant in Civil Law? A civil case is a legal dispute between two or more parties over rights, obligations, or property. Civil cases usually involve matters like money, property, contracts, family issues, or services. C riminal cases involve crimes and punishments. In any civil case, there are two main parties involved: the person who files the case is called the plaintiff , and the person who has to respond to the case is called the defendant . The defendant is the person against whom the case is filed . He is required to appear in court and defend his case . In this article, we’ll talk about who is called a defendant in civil cases in India. We’ll learn meaning, legal definition, role, rights, responsibilities of a defendant and how the process works under Indian law. This will help you understand civil cases more clearly. Who is a Defendant? A defendant in a civil case is the person, group, or organization against whom the case has been filed . The def...

Laws Related to Cheque Bounce in India – Procedure, Punishment, and Legal Remedies

Cheque Bounce Laws And Punishment 

Illustration showing cheque dishonour, legal documents, court hammer, and penalty concept for cheque bounce cases under Section 138 NI Act in India.


In today's world of banking transactions, cheques are a trusted medium of payment for most people and institutions. With the increasing use of cheques, incidents of cheque bounce have also become common. Due to lack of information, many people are either unable to take proper legal action in cases of cheque bounce or have to face unfair legal action. To regulate cases of cheque dishonour, a law came into force in 1881, which is known as the Negotiable Instruments Act. Let us know the important provisions related to this Act.

What is Cheque Bounce? Meaning and Legal Definition

A cheque bounce case is filed under Section 138 of the Negotiable Instruments Act, 1981. If someone has given you a cheque and you deposit it in the bank to get it cashed, then sometimes due to some reasons the bank dishonours the cheque, due to which the person depositing the cheque does not receive the amount mentioned on the cheque. This is called cheque bounce in common language. Whenever a cheque is dishonoured, the person receiving the cheque has the right to file a cheque bounce case.

Is Cheque Bounce a Civil or Criminal Case in India?

Transaction cases are civil, but the case of cheque bounce is kept as a criminal case, which is heard by Judicial Magistrate First Class. This case is heard in such courts. As a punishment for a cheque bouncing, the person who issued the cheque can be fined up to twice the amount of the cheque and sentenced to imprisonment for up to 2 years.

What is the Validity Period of a Cheque?

Any cheque is valid only for 3 months from the date of issue. Therefore, the recipient should deposit the cheque in the bank within 3 months from the date written on the cheque.

Common Reasons for Cheque Bounce in India:

• The person issuing the cheque does not have enough money in his/her account as mentioned on the cheque.
• The person issuing the cheque has stopped its payment through the bank.
• The person issuing the cheque has not signed correctly.
• The person issuing the cheque has closed his account with the bank.
• Or the cheque may have been dishonoured for any other reason.

What is Cheque Return Memo? Why is it Important?

The bank provides you with a slip stating the reason for the cheque bouncing, which is also called a cheque return memo. Do not forget to collect this from the bank, as you will need it during court proceedings against the cheque issuer.

Legal Notice Requirement in Cheque Bounce Cases

• A cheque bounce case is initiated through a legal notice. When a cheque return memo is received, within 30 days of receipt of the cheque return memo, the cheque holder has to send a legal notice to the cheque issuer either in person or through an authorised advocate.
• The legal notice should state the reasons for the cheque bouncing and the reason for non-payment and also request the cheque issuer to pay the amount due to the cheque holder within 15 days of the receipt of the notice.
• If legal notice is sent after 30 days of receiving information about cheque dishonour from the bank, then a cheque bounce case cannot be filed in the court under the Negotiable Instruments Act, 1881.

Where to File a Cheque Bounce Case in India?

If the guilty party does not pay the cheque amount within 15 days, a cheque bounce case must be filed within the next 30 days. If the cheque is deposited through an account, then a cheque bounce case can be filed in the magistrate's court of the police station area under which the bank branch where the cheque recipient has an account is located.

Documents Required for Filing a Cheque Bounce Case

• Your cheque that has bounced.
• Cheque Return Memo (with bank stamp and signature).
• Legal notice and its postal slip along with track report.
• If you have received any response to your legal notice from the guilty party, that response.
• Apart from this, any agreement made between both parties or any other document related to this transaction, etc.

New Provisions under the Negotiable Instruments (Amendment) Act, 2018

With the aim of increasing the credibility of cheques, the Parliament has tightened the rules of cheque bounce through the "Negotiable Instrument Amendment Act, 2018". When a cheque bounces and the cheque recipient approaches the court, the court may pass an interim order under Section 143A of the Negotiable Instruments Act, 1881, for payment of up to 20% of the cheque amount as relief by the issuer to the cheque payee.

Other Legal Remedies Available for Cheque Bounce in India

• The holder of the cheque can also file a civil suit in the civil court under Order 37 of the Code of Civil Procedure against the person to whom the cheque has bounced, but in this case, the cheque holder has to deposit court fees according to the cheque amount.
• The cheque holder can also file a criminal case in the criminal court under Section 420 of the Indian Penal Code against the person to whom the cheque has bounced. It is worth noting that all these three cases can be run simultaneously.

Can a Cheque Bounce Case be Filed for a Blank Cheque?

The Supreme Court has clarified in several of its decisions that if a person has simply signed a cheque and given it to someone under some liability, then the other person can fill that cheque as per the liability and can file a cheque bounce case against the person who issued the cheque in case of dishonour of the cheque. The Supreme Court clarified this in a case on February 10, 2021.

Is Signature Mismatch Considered as Cheque Bounce?

Section 138 of the Negotiable Instruments Act uses the expression “insufficiency of funds, etc.”, which has been interpreted by the Supreme Court from time to time to mean that whatever may be the cause of cheque bouncing, if the amount is not paid within 15 days of receipt of the notice, a case under Section 138 of the Negotiable Instruments Act arises.

Is a Guarantor Liable in a Cheque Bounce Case?

Yes, if a person has taken the responsibility of someone else's liability and as a part of the responsibility he has given his cheque to the opposite party, then in case of cheque bounce, a case will be filed against such person as well. The Supreme Court had given this decision in the case of ICDS Limited vs Bina Shabir, 2002.

Right to Cross-Examine the Complainant in a Cheque Bounce Case

Under Section 145 (2) of the Negotiable Instruments Act, the person who issued the cheque can seek permission to cross-examine the complainant by filing an application in the court. Sometimes the court grants such permission on the basis of mere oral arguments.

Can Multiple Cheque Bounce Cases be Filed in Different Courts?

According to Section 142A of the Negotiable Instruments Act, if a complainant has filed a cheque bounce case against a person in a court and the complainant wants to file some more cheque bounce cases against that person, then he will have to file all the further cases before the first court only.

Can Delay in Sending Legal Notice be Condoned by Court?

If the holder does not send a legal notice to the cheque issuer within 30 days of receiving the cheque return memo from the bank, then in such a situation, the holder will have to present the cheque again to the bank, and if the cheque bounces again, he will have to send a fresh notice. If 3 months have passed from the date mentioned on the cheque, then the holder loses the right to file a cheque bounce case. However, he still has the option to file a civil case.

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