Cheque Dishonour Case – Clarification on Delay Due to Customer Dispute

Question

Cheque Dishonour Case – Clarification on Delay Due to Customer Dispute

07-Apr-2026 (In Cheque Bounce Law)

In our company, there is a rule that if any cheque is dishonoured, a legal notice must be sent through an advocate. In this case, the customer had an issue with the product. The first three EMI cheques were deposited on time and were cleared without any issue. However, the last three cheques were dishonoured with the reason “Payment Stopped.” Before depositing the fourth cheque, we informed the customer. The customer clearly requested us not to deposit the cheque, stating that there was an issue

Answers (5)

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Adv. Apoorva Adv. Apoorva

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Advocate Anubhav Kathuria LawRato · Accepted Answer · 2026-04-07T07:34:13+05:30

Answer #2

Greetings. Do seek a detailed legal consultation for your ongoing legal issues. Do connect and brief the facts. In your case since the payment has been stopped by the customer it will attract Section 138 of the Negotiable Instruments Act. Do get a legal notice issued and initiate a complaint under the Negotiable Instruments Act

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Advocate Abhimanyu Yadav LawRato · Accepted Answer · 2026-04-07T08:37:15+05:30

Answer #3

Yes companies have this rule for the ease of going into litigation. As the normal course would be filing a complaint if the customer fails to make a payment after legal notice. In this case the customer also has a probable defence as he had issue with the product. A lot of times companies take a call to deposit the cheque even when the drawer of the cheque objects in order to recover. Both parties have a case.

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Advocate Nikhil Karwal LawRato · Accepted Answer · 2026-04-07T08:45:41+05:30

Answer #4

Limitation – Cheque Bounce (Section 138 NI Act) — • Cheque must be presented within 3 months from date of cheque. • After dishonour, legal notice must be sent within 30 days of receiving return memo. • Drawer gets 15 days from receipt of notice to make payment. • If payment is not made, cause of action arises on 16th day. • Complaint must be filed within 1 month from that date. If you missed any of these timelines → complaint becomes time-barred, unless delay is condoned by the court (with proper justification). You can deposit the cheque, as legally even “stop payment” cases are covered under Section 138 NI Act.

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Advocate Ishan Parashar LawRato · Accepted Answer · 2026-04-07T09:32:33+05:30

Answer #5

Hi there, it's unclear as to what the issue is. However, in general you must send the notice regarding the dishonour and demand payment within 15 days. But when the customer requests not to tender the cheque in that scenario it's advisable to ask him to acknowledge the previous dishonour and the liability as of the date of the full amount. It's advisable to contact me and provide requisite details to assist you better.

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