Reading: My husband owed someone 2.45 lakhs, but we never actually received this money. The lender was putting pressure on us, so we agreed to pay back 20 thousand rupees each month. We started paying in December 2014. He collected 13 blank cheques from us, promising to only withdraw 17,000 rupees each time and to not write the amount on the cheques. My husband signed the cheques and filled in the payee’s name. We finished paying the entire amount in January 2016, leaving one cheque with him. We called the bank and cancelled that cheque. To our shock, he deposited the cancelled cheque yesterday for 13,000 rupees. The bank returned the cheque due to a “stop payment” instruction. Can we file a case against him for cheque bouncing?

My husband owed someone 2.45 lakhs, but we never actually received this money. The lender was putting pressure on us, so we agreed to pay back 20 thousand rupees each month. We started paying in December 2014. He collected 13 blank cheques from us, promising to only withdraw 17,000 rupees each time and to not write the amount on the cheques. My husband signed the cheques and filled in the payee’s name. We finished paying the entire amount in January 2016, leaving one cheque with him. We called the bank and cancelled that cheque. To our shock, he deposited the cancelled cheque yesterday for 13,000 rupees. The bank returned the cheque due to a “stop payment” instruction. Can we file a case against him for cheque bouncing?

Last updated: August 25, 2025 12:58 pm

Apni Law

2 years ago

Law Forum › Category: Cheque Bounce › My husband owed someone 2.45 lakhs, but we never actually received this money. The lender was putting pressure on us, so we agreed to pay back 20 thousand rupees each month. We started paying in December 2014. He collected 13 blank cheques from us, promising to only withdraw 17,000 rupees each time and to not write the amount on the cheques. My husband signed the cheques and filled in the payee’s name. We finished paying the entire amount in January 2016, leaving one cheque with him. We called the bank and cancelled that cheque. To our shock, he deposited the cancelled cheque yesterday for 13,000 rupees. The bank returned the cheque due to a “stop payment” instruction. Can we file a case against him for cheque bouncing?

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Apni Law Staff asked 2 years ago

My husband owed someone 2.45 lakhs, but we never actually received this money. The lender was putting pressure on us, so we agreed to pay back 20 thousand rupees each month. We started paying in December 2014. He collected 13 blank cheques from us, promising to only withdraw 17,000 rupees each time and to not write the amount on the cheques. My husband signed the cheques and filled in the payee’s name. We finished paying the entire amount in January 2016, leaving one cheque with him. We called the bank and cancelled that cheque. To our shock, he deposited the cancelled cheque yesterday for 13,000 rupees. The bank returned the cheque due to a “stop payment” instruction. Can we file a case against him for cheque bouncing?

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Apni Law Staff answered 2 years ago

You can file a case against the lender for cheque bouncing under Section 138 of the Negotiable Instruments Act, 1881. However, as the cheque was cancelled by you, the lender’s act of depositing it may not constitute a valid cheque bounce under the law. You may need to provide evidence of the cancellation and the agreement to only withdraw a specific amount.