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Returned cheque for an old partial settled loan 10 years ago
11-Dec-2025 (In Cheque Bounce Law)
I had taken a loan from a friend in 2015. I had a NRO citibank account then. The loan was repaid to some amount and more was taken however the friend returned the original agreement but forgot the chq. Now he passed away and his wife presented the chq in 2025. It returned as Citibank closed with reason " Wrongly delivered Not drawn on us". Can a case be filed for this?
No, a criminal case under Section 138 of the Negotiable Instruments (NI) Act for cheque bounce cannot be filed in this scenario, primarily because the drawer of the cheque has passed away and the cheque was returned for a non-Section 138 reason. A civil suit for recovery of the debt may be filed to recover the amount.
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Adv. Dhruv. K
Bangalore / Bengaluru | 100+ Answers
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Dear Sir,
If any legally recoverable amount is still outstanding, the lender’s legal heirs may file a civil recovery suit, subject to limitation. If the loan was already settled and the cheque was not taken back accidentally, no criminal liability arises merely from presenting such an old cheque.
Therefore, no cheque-bounce case is maintainable, but only a civil claim may be considered depending on facts.
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Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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