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Cheque Bounce & NI Act

ECS/NACH bounce and civil recovery options

2 min read Updated 03 Oct 2026 2 views
AI summary

When an auto-debit fails, and the civil routes to recover money alongside or instead of a cheque case.

6 sections

Short answer

A failed ECS or NACH debit is treated much like a bounced cheque under section 25 of the Payment and Settlement Systems Act, with the same notice and time limits. Separately, you can recover the money through a civil summary suit, MSME Samadhaan (if you are a registered micro or small supplier), or arbitration if your contract has an arbitration clause.

ECS/NACH bounce (section 25, PSS Act)

PointRule
Applies whenAn electronic funds transfer mandate given for a debt fails for insufficient funds
NoticeWithin 30 days of learning of the failure
Payment window15 days from receipt of notice
PunishmentUp to 2 years' imprisonment and/or fine up to twice the amount
ProcedureFollows the NI Act procedure for section 138 cases

Keep the bank's return report, the signed mandate and the loan or invoice documents.

Civil recovery routes

RouteBest forKey point
Summary suit (Order XXXVII CPC)Debts backed by a cheque, invoice or written contractFaster. The defendant needs court permission to defend
Commercial court suitCommercial disputes of ₹3 lakh or morePre-institution mediation is required unless urgent relief is needed
MSME Samadhaan (MSMED Act s.18)Registered micro or small enterprise supplierBuyer owes compound interest at 3 times the RBI bank rate on delayed payment
ArbitrationContracts with an arbitration clausePrivate and often faster
Insolvency (IBC)Company debtors with default of ₹1 crore or moreLast resort. Aims at resolution, not recovery

Limitation: File a civil claim within 3 years from the date the debt became due. A written acknowledgement or part-payment restarts the clock.

Criminal and civil together

A section 138 complaint and a civil suit can run at the same time. They serve different purposes: one punishes the dishonour, the other recovers the money with interest.

In Hisab Central

The Receivables ageing report shows how old each due is. Check that dues aren't close to the 3-year limitation before deciding on legal action.

General information only. Choose the route with an advocate.

Sources

  • India Code — Payment and Settlement Systems Act, 2007, section 25
  • India Code — Code of Civil Procedure, 1908, Order XXXVII
  • MSME Samadhaan portal (samadhaan.msme.gov.in)

Last verified: 30 Sep 2026.

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