Asked by a reader in Bengaluru

The other side says the cheque was only given as security. Does that end the case?

Answered by Advocate Sharan Jain··Cheque Bounce Matters

Short answer

No, not automatically. A cheque given as security can still attract Section 138 if a legally enforceable debt existed when it was presented. It is a defence the accused has to prove, not an exit.

"It was only a security cheque" is the most common defence in these cases and one of the least successful, because it is argued as if it were a rule of law. It is not.

The presumption starts against the drawer

Once the signature is admitted or proved, Sections 118 and 139 of the Negotiable Instruments Act raise a presumption that the cheque was drawn for consideration and for the discharge of a legally enforceable debt or liability. The burden then shifts to the accused to rebut it, on the balance of probabilities.

What "security" actually has to mean

The question is narrow: on the date the cheque was presented, was there a legally enforceable debt or liability? If yes, Section 138 applies even though the cheque was originally handed over as security. The defence only works where the accused shows there was no subsisting liability when the cheque was banked, because the loan had been repaid, or the obligation had not yet arisen.

Blank or undated cheques
A cheque signed and handed over blank, later filled in by the holder for the amount due, is not automatically outside Section 138. Courts have upheld complaints on such cheques where the underlying liability was proved. What defeats the complaint is proof that the amount filled in exceeded the actual liability.

If you are the complainant

Keep the underlying transaction documented, because that is where this defence is answered. The loan agreement, the invoice, the ledger, the bank transfer of the principal, the acknowledgement of balance. The cheque proves the instrument; the paperwork proves the debt.

If you are the accused

Reply to the demand notice, properly and in time, setting out your actual case. A reply raising the security defence contemporaneously is worth a great deal more at trial than the same defence raised for the first time in evidence, two years later.

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Go deeper on this

This answer is the short version. These guides cover the same ground in full, with the procedure, the timelines and the leading cases.

SJ

Answered by

Advocate Sharan Jain

Advocate based in Bangalore, practising before the Karnataka High Court and District, Sessions, Consumer and Family courts. Answers public legal questions to make Indian law more accessible.

This answer is general information on Indian law as at July 26, 2026, published for public education. It is not legal advice, it does not take account of your facts, and reading it does not create an advocate-client relationship. Law changes and every case turns on its own circumstances. Please consult a qualified advocate about your own matter.

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