Cheque Bounce Under NI Act: 2026 Rules & Case Law

CAIIB 29 June 2026 · 6 min read · 5 views
Cheque Bounce Under NI Act: 2026 Rules & Case Law

Few BRBL topics move as fast as cheque bounce law. 📚 The Supreme Court has reshaped Sections 138, 143A and 148 of the Negotiable Instruments Act, and the clearing system behind cheques has been rebuilt around a single national grid.

This verified 2026 update covers cheque bounce end to end: the Section 138 compounding-cost grid from Sanjabij Tari (2025), the discretionary Section 143A interim compensation, the Section 148 appellate deposit, and the CTS National Grid with same-day CCSR clearing — each with a table and an exam-style test.

🧾 Section 138 and the 2025 compounding-cost grid

Section 138 makes dishonour of a cheque for insufficiency of funds an offence. The Supreme Court in Sanjabij Tari v. Kishore S. Borcar (25 September 2025) replaced the old Damodar Prabhu 10-20% grid with a graded compounding-cost scale that rises the later you settle.

Stage of settlementCompounding cost
Before defence evidence0%
After, before trial judgment5%
At Sessions / High Court7.5%
At Supreme Court10%

📌 The Court also directed electronic and dasti service, QR/UPI online payment, and a standard complaint synopsis to speed up cheque-bounce trials.

cheque bounce section 138 court process and compounding
Section 138 cheque-bounce proceedings and the 2025 compounding-cost grid

⚖️ Section 143A: interim compensation is discretionary

Section 143A lets a court order the drawer to pay interim compensation of up to 20% of the cheque amount (within 60 days, extendable by 30). The big clarification: in Rakesh Ranjan Shrivastava v. State of Jharkhand (15 March 2024), the Supreme Court held this power is discretionary, not mandatory — the court must record reasons.

This corrects the common assumption that 143A compensation is awarded as a matter of routine in every cheque-bounce case.

🏛️ Section 148: the appellate deposit

When a convicted drawer appeals, Section 148 lets the appellate court direct a deposit of a minimum of 20% of the fine or compensation. Following Surinder Singh Deswal (2019) this is the default, but the court retains discretion to waive or modify it with reasons in a deserving case.

ProvisionKey figure
Section 143A interim compensationUp to 20% (discretionary)
Section 148 appellate depositMinimum 20% (default)
cheque truncation system national grid clearing
The CTS National Grid and same-day Continuous Clearing and Settlement

💳 CTS National Grid and same-day clearing

The clearing side has changed too. The three regional CTS grids merged into a single National Grid (NGCH, Chennai) with effect from 13 October 2023; only CTS-2010 cheques are cleared (non-CTS were discontinued in 2018).

From 4 October 2025, Continuous Clearing and Settlement on Realisation (CCSR) brings same-day clearing; Phase 2 (3 January 2026) runs presentation from 10 am to 4 pm with confirmation within a few clearing hours and credit within an hour. Cheque validity stays at 3 months.

For customers the practical effect of CCSR is dramatic: a cheque that once took a day or more to clear can now be realised the same day, with funds credited within an hour during the clearing window. For banks it compresses the float and demands tighter intraday liquidity management. Examiners like to contrast the old batch, next-day model with the new continuous, same-day one, so be ready to state both the start date of 4 October 2025 and the Phase 2 timing introduced from 3 January 2026.

📖 Exam-ready summary

🧾 One-glance revision of the cheque bounce updates:

ItemCurrent position
Sec 138 compounding0% / 5% / 7.5% / 10% (Sanjabij Tari 2025)
Sec 143A compensationUp to 20%, DISCRETIONARY (2024)
Sec 148 appellate depositMinimum 20% (default)
CTSSingle National Grid (13 Oct 2023)
CCSR clearingSame-day from 4 Oct 2025
Cheque validity3 months

These are exactly the points BRBL examiners refresh year to year, so anchor them to the case names and dates above.

📝 Test yourself: 10 questions (online test mode)

Test your command of the latest cheque bounce rules. Answer all ten, then submit for your score.

📝 Online Test Mode — 10 questions on cheque bounce and the NI Act. Pick one answer each, then press Submit Test.
1. Cheque bounce for insufficiency of funds is an offence under:
2. Per Sanjabij Tari (2025), compounding cost before defence evidence is:
3. Compounding cost at the Supreme Court stage is:
4. Section 143A interim compensation is:
5. The cap on Section 143A interim compensation is:
6. The minimum Section 148 appellate deposit is:
7. The CTS National Grid took effect from:
8. CCSR same-day clearing started from:
9. The validity of a cheque is:
10. Which case set the 2025 compounding-cost grid?

❓ Frequently Asked Questions

What is cheque bounce under Section 138?

It is the offence of dishonouring a cheque for insufficiency of funds (or because it exceeds an arrangement), under Section 138 of the Negotiable Instruments Act, 1881.

What are the new compounding costs for cheque bounce?

Per Sanjabij Tari (2025): 0% before defence evidence, 5% after but before trial judgment, 7.5% at Sessions/High Court and 10% at the Supreme Court.

Is Section 143A interim compensation mandatory?

No. The Supreme Court (Rakesh Ranjan Shrivastava, 2024) held it is discretionary - the court must record reasons. The cap is 20% of the cheque amount.

How much is the Section 148 appellate deposit?

A minimum of 20% of the fine or compensation, as a default; the court may waive or modify it with reasons.

When did the CTS National Grid take effect?

From 13 October 2023, when the three regional grids merged into a single National Grid at Chennai.

What is CCSR in cheque clearing?

Continuous Clearing and Settlement on Realisation - same-day cheque clearing introduced from 4 October 2025, with Phase 2 from 3 January 2026.

What is the validity of a cheque?

Three months from the date of issue - unchanged by the clearing reforms.

Which case replaced the Damodar Prabhu compounding grid?

Sanjabij Tari v. Kishore S. Borcar (Supreme Court, 25 September 2025).

Are non-CTS cheques still cleared?

No. Only CTS-2010 standard cheques are cleared; non-CTS cheques were discontinued from 31 December 2018.

Where can I practise CAIIB BRBL questions?

✅ Final Word

The modern cheque bounce answers — the Sanjabij Tari compounding grid, discretionary 143A, the 20% Section 148 deposit and same-day CCSR clearing — are precisely where dated notes fail. Tie each to its case and date and they are easy BRBL marks. Cross-check the clearing circulars on rbi.org.in. 🎯 Try a free CAIIB mock test.

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