Check bounce with reason 39 "image not clear present again with paper
22-Nov-2023 (In Cheque Bounce Law)
Your cheque return memo shows the reason:
“Image not clear, present again with paper” (Reason Code 39).
Meaning: This is a technical reason the bank could not scan the cheque image properly (maybe due to quality issues, damage, or scanning error). It is not a dishonour for insufficient funds or account‑related reasons.
Under Section 138 of the Negotiable Instruments Act, a case can be filed only when the cheque is dishonoured for reasons like insufficient funds, account closed, stop payment, etc.. So, for this reason, you cannot file a case under Section 138 right now.
What you should do:
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Re‑present the cheque properly in the bank (within 3 months of the date of issue).
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If it is dishonoured again for a valid Section 138 reason (like “insufficient funds”), then you can issue a legal notice and file a case.
At this stage, a case under NI Act Section 138 is not maintainable.
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- Reason for Bounce: The reason for the cheque bounce is primarily related to the image quality of the cheque that was submitted for clearing. This can happen in cases where the image of the cheque is not legible or has issues that prevent proper processing.
- Presenting the Cheque Again: If you receive this reason code on a cheque that you deposited, it means the bank couldn't process it due to image quality issues. You should contact your bank or the issuer's bank to understand the specific problem with the image.
- Resolution: To resolve this issue, you may need to provide a physical paper copy of the cheque to the bank. This is why the reason code suggests presenting the cheque again with paper. The physical copy of the cheque can be processed manually by the bank, ensuring that the transaction goes through.
- Ensure Legibility: When presenting the paper cheque, make sure it is clear and legible. Ensure that there are no smudges, stains, or other issues that might affect the readability of the cheque.
- Communication: It's advisable to communicate with your bank and the issuer's bank to understand the specific requirements and procedures for reprocessing the cheque with a clear image.
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Prevention: To prevent such issues in the future, ensure that the cheques you issue or receive are in good condition and have clear printing. This will reduce the likelihood of cheque image-related problems during the clearing process.
Make sure to consult a cheque bounce lawyer if a Section 138 case is in the scenario. After understanding the facts and circumstances of your case, he/she will be able to guide you better.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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