If you are a business owner or an individual who deals with cheques in India, you know that a bounced cheque is a serious problem. The law, specifically Section 138 of the Negotiable Instruments Act, 1881, treats it as a criminal offense.
As we move through 2025, many clients have been asking us: “Is there a new law or a new rule of cheque bounce case 2025?”
The short answer is: While the core law of Section 138 has not been completely replaced, Yes, there are significant new rules and guidelines, primarily from the Supreme Court of India, that have drastically changed how these cases are handled.
These new rules are designed to speed up the process and reduce the massive backlog of cases in our courts. At lawyerinfaridabad.com, we believe it’s crucial for you to understand these changes.
The Big Change: Supreme Court’s Guidelines for Speedy Trials
The most important “new rules” come from a series of guidelines issued by the Supreme Court of India to fast-track cheque bounce cases. The courts are no longer tolerating endless delays.
Here are the key changes you must know about:
1. Electronic and Digital Service of Summons
This is a major procedural change. In the past, cases would get stuck for months or even years because the accused would intentionally avoid receiving the court summons.
- The New Rule: Courts are now mandated to use electronic means. Summons can be, and are being, served via Email, WhatsApp, and other electronic modes. The complainant (the person filing the case) must provide these details, and service through these digital channels is considered valid.
2. Online Payment Facilities in Courts
To encourage quick and early settlements, courts are being directed to create dedicated online payment portals, QR codes, or UPI links.
- The Impact: The summons itself will now often contain this payment link. This gives the accused a clear opportunity to pay the cheque amount at the very beginning of the case, thereby closing the matter without a long trial.
3. Standardized Complaint Format
To save the court’s time, every new complaint must now include a “synopsis” or a standardized one-page summary right at the top. This synopsis must clearly state all the key facts:
- Cheque details (number, date, amount)
- Date of dishonor (cheque bounce)
- Date the legal notice was sent
- Date the notice was served on the accused
- Date the 15-day payment window expired
This helps the Magistrate understand the case in seconds and speeds up the initial hearing.
4. New Rules for Compromise and Settlement
The Supreme Court has set a clear, cost-based structure to encourage compromise (settlement) at different stages.
- The Rule: If the accused agrees to pay the amount and settle the case after the trial has progressed (i.e., after evidence is recorded) but before the final judgment, the court may order them to pay an additional 5% of the cheque amount as a cost.
- If the case is settled at the High Court or Sessions Court level (during an appeal), this cost can be 7.5%.
- If settled at the Supreme Court, it can be 10%.
The message is clear: the earlier you settle, the better.
Do the New Criminal Laws (BNS/BNSS) Affect Cheque Bounce Cases?
This is another common question. The new Bharatiya Nagarik Suraksha Sanhita (BNSS) (which replaces the CrPC) has introduced a new procedure (Section 223) for private complaints.
However, the Karnataka High Court has recently clarified that the Negotiable Instruments Act is a “Special Law.” This means its own procedures (like Section 142 of the NI Act) will override the general procedures of the BNSS.
In simple terms: Cheque bounce cases will continue to follow the special, faster procedure laid out in the Negotiable Instruments Act, not the new general rules for all other private complaints.
What This Means For You
If you are someone who has a cheque bounce case, these new rules are a double-edged sword:
- For the Complainant (Payee): The process is now faster and more efficient. You can expect quicker summons and a stronger push from the court toward a resolution or settlement.
- For the Accused (Drawer): You can no longer use “delay” as a tactic. The summons will find you electronically, and the pressure to settle or face a speedy trial is higher than ever.
Navigating these new, faster-paced procedures requires an expert. Whether you are filing a case or defending one, a skilled Cheque Bounce advocate faridabad is essential. The team at lawyerinfaridabad.com, led by Advocate Satish Chauhan, understands these new guidelines and can help you build the strongest possible case.
If you are dealing with a dishonored cheque, don’t wait. A Cheque bounce case lawyer faridabad can ensure your legal notice is correct and your complaint is filed in perfect compliance with all the new rules.
Disclaimer: This article is for informational and educational purposes only and does not constitute legal advice. The information provided is not intended to in court or for any legal proceedings. For advice specific to your case, please contact a qualified advocate.
