Glossary

Cheque return reasons: what each means and when Section 138 applies

When a cheque bounces, the bank gives you a return memo with a reason, often next to a numeric code. The words on that memo decide your next step: re-present, ask for a fresh cheque, or send a Section 138 notice within 30 days.

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Short answer

Cheque return reasons are the standard grounds a bank prints on the cheque return memo when it does not pay a cheque, such as "Funds insufficient", "Exceeds arrangement", "Payment stopped by drawer", "Drawer's signature differs" or "Account closed". Section 138 of the NI Act covers insufficient funds and exceeding the arrangement, and courts have held that stop payment, account closed and signature mismatch can also attract it in many cases. Technical reasons, such as stale, post-dated or "present with document", usually call for re-presentation instead.

Common return reasons and what they mean

Codes and exact wording vary slightly between banks, so read the reason text on your memo. The common ones:

Reason on memoWhat it meansSection 138?
Funds insufficientBalance in the account is less than the cheque amountYes, squarely covered
Exceeds arrangementAmount exceeds the overdraft or credit limit arranged with the bankYes, squarely covered
Payment stopped by drawerDrawer instructed the bank not to payUsually yes, unless the drawer shows there was no debt or enough funds and a valid reason
Account closedThe drawer's account was closed before presentationUsually yes; courts treat it as a species of insufficiency
Drawer's signature differsSignature does not match bank recordsOften yes, where the mismatch is deliberate or the drawer cannot show innocence
Drawer's signature incomplete / requiredCheque unsigned or partly signedCourts have differed; treated as covered in some cases, especially if deliberate
Refer to drawerBank asks you to contact the drawer, often signalling lack of fundsCourts have generally treated it as covered where the underlying reason is funds
Alterations require drawer's authenticationChanges on the cheque are not authenticated; CTS cheques do not accept alterations other than dateUsually not; ask for a fresh cheque
Present with documentBank wants the physical instrument or a supporting documentUsually not by itself; re-present as directed
Effects not cleared, present againFunds deposited by the drawer are still in clearingUsually not; re-present
Instrument out-dated / stalePresented after three months from the cheque dateNo
Instrument post-datedPresented before the date on the chequeNo; re-present on or after the date
Payment stopped by attachment / account frozenCourt or authority has blocked the accountDepends on facts; take advice

What to do with each kind of return

  1. Collect the return memo from your bank. Note the date you received it: your 30 days for the notice run from it.
  2. If the reason is funds insufficient, exceeds arrangement, account closed, stop payment or signature differs, prepare a cheque bounce notice under Section 138 to the drawer (and the persons in charge if it is a company cheque).
  3. If the reason is technical (post-dated, present with document, effects not cleared), re-present within the cheque's validity. A cheque can be presented more than once within validity, and a later dishonour can found a Section 138 case.
  4. If the cheque is stale or has unauthenticated alterations, ask for a fresh cheque and keep the debt alive with a written demand. Your civil remedy for the debt survives.
  5. Keep the original cheque and memo safe; both are exhibits.

Use the cheque bounce timeline calculator to fix your dates. More on the memo itself: cheque return memo.

Stop payment is not a shield

Buyers sometimes stop payment thinking it avoids a criminal case. The Supreme Court has held that dishonour on a stop-payment instruction can still attract Section 138, and the drawer must show that there were sufficient funds and a genuine reason, such as no debt being due. See stop payment cheque.

Similarly, closing the account after issuing cheques, or signing in a way that does not match the bank's records, has been treated by courts as an attempt to avoid payment in many cases. Each case turns on its facts, so take advice before deciding not to send a notice.

Getting the notice out in time

The Section 138 timeline is strict: notice within 30 days of the memo, 15 days to pay from receipt, complaint within one month after that. FundRaksha Legal has an advocate send the notice within 24 hours of receiving your cheque and memo, and charges 30% only on recovery. 60% of FundRaksha cases settle before court.

Last reviewed: 2026-10-20. Information for Indian businesses; not legal advice.

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  • An honest assessment of recovery chances and the right route: reminders, legal notice, MSME Samadhaan, Section 138 or a civil suit
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  • Purchase order, delivery challan, e-way bill or proof of service
  • Messages, emails or letters about the payment
  • For a bounced cheque: the cheque and the bank return memo

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FAQ

Questions, answered

Courts have generally held that "refer to drawer" can attract Section 138 where the real reason is lack of funds. Send the notice within 30 days and let the drawer explain.

This page is general information for Indian businesses, not legal advice for your specific case. Laws, rates and procedures change; speak to an advocate before acting. FundRaksha LegalTech Pvt Ltd is a technology company; legal work is carried out by enrolled advocates.