Cheque Offences
A bounced cheque can be criminal and civil, but the windows are tight: 3 months to complain, 1 year to sue on the cheque.
A cheque case's power is the criminal exposure that pushes debtors to pay, the law extinguishes the case once payment is made in full. That leverage vanishes if you pass 3 months, or if the cheque falls into a non-criminal category.
We act for holders who want payment, and for drawers prosecuted on cheques that do not meet the offence elements.
What this dispute is, and where it comes from
A cheque deposited and dishonoured, usually a post-dated cheque for goods, work, or a loan, written hoping funds would arrive in time, or deliberately stopped.
Documents & evidence to gather first
- The original cheques
- Bank return slips stating the dishonour reason
- Proof of the underlying debt, contract, delivery notes, invoices
- The post-dishonour demand letter
- The drawer's registered name and address
How we can help
Legal knowledge worth knowing
Issuing a cheque for an existing, legally enforceable debt intending it not be paid, or knowing funds are insufficient, is an offence once the bank dishonours it, up to a 60,000-baht fine or 1 year's imprisonment, or both.
Full payment, or extinction of the debt, before final judgment terminates the case. This is what makes cheque cases such effective recovery tools.
Cheque offences are compoundable, complain within 3 months of the dishonour date.
Civil suits against the drawer on the cheque itself prescribe in 1 year from maturity, though the underlying debt remains suable under its own period.
Supreme Court No. 211/2523, a cheque issued as security for a loan rather than in payment of a debt gives rise to no offence under the cheque legislation, even once it falls due and the bank dishonours it.
Limitation periods and deadlines you cannot miss
- 3 mthsCriminal complaint, from the dishonour date
- 1 yrCivil suit on the cheque against the drawer, from maturity
- Per debtThe underlying debt keeps its own period, 2, 5, or 10 years
The above is a brief summary of legal principles for general knowledge only, not advice on any specific case. Statutes may have been amended and application always turns on the facts. Please verify the current law or consult an attorney before acting.