Law4u - Made in India

What are the penalties for the drawer if found guilty in a cheque bounce case?

10-Feb-2025
Cheque Bounce

Answer By law4u team

In India, if a cheque is dishonored due to insufficient funds or other reasons, the drawer (the person who issued the cheque) can face the following penalties under Section 138 of the Negotiable Instruments Act, 1881: Criminal Penalty: The drawer can face imprisonment for a term that may extend to two years. Alternatively, or in addition to imprisonment, the drawer may be subjected to a fine which may extend to twice the amount of the cheque. Procedure for Filing a Case: The payee (the person who receives the cheque) must first send a demand notice to the drawer within 30 days of receiving information from the bank about the dishonor. If the drawer fails to make the payment within 15 days of receiving the notice, the payee can file a criminal case under Section 138 in the court. Civil Liability: In addition to criminal penalties, the drawer may also be liable for civil compensation to the payee, including the value of the dishonored cheque and any associated costs incurred by the payee. Defenses Available to the Drawer: The drawer can contest the case by proving that the dishonor was due to reasons other than insufficient funds, such as technical errors or fraud. These provisions serve as a deterrent to cheque dishonor and ensure accountability for the drawer in cheque transactions.

Cheque Bounce Verified Advocates

Get expert legal advice instantly.

Advocate Pandey Krunal Abhay

Advocate Pandey Krunal Abhay

Anticipatory Bail,Arbitration,Armed Forces Tribunal,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Court Marriage,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Documentation,GST,Domestic Violence,Family,High Court,Immigration,Insurance,International Law,Labour & Service,Landlord & Tenant,Motor Accident,Muslim Law,Property,R.T.I,Recovery,Startup,Wills Trusts,Revenue

Get Advice
Advocate Surjan Singh

Advocate Surjan Singh

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Insurance, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, Recovery, RERA, Succession Certificate, Supreme Court, Trademark & Copyright

Get Advice
Advocate Sumit Kalia

Advocate Sumit Kalia

Motor Accident, Landlord & Tenant, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Recovery, Succession Certificate, Supreme Court, Revenue, Wills Trusts, R.T.I

Get Advice
Advocate Gokuldas

Advocate Gokuldas

Anticipatory Bail, Arbitration, Cheque Bounce, Breach of Contract, Banking & Finance, Civil, Criminal, Customs & Central Excise, Cyber Crime, Divorce, GST, Domestic Violence, Family, Landlord & Tenant, Medical Negligence, Motor Accident, Recovery, Succession Certificate, Wills Trusts

Get Advice
Advocate A K Anil Kumar

Advocate A K Anil Kumar

Anticipatory Bail, Cheque Bounce, Criminal, Cyber Crime, Civil

Get Advice
Advocate Chhavi Navik

Advocate Chhavi Navik

Criminal, Divorce, Family, Tax, Cheque Bounce, Motor Accident, Recovery, Succession Certificate, Consumer Court, GST

Get Advice
Advocate Abhijeet Panchariya

Advocate Abhijeet Panchariya

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Consumer Court, Corporate, Criminal, Cyber Crime, High Court, Insurance, NCLT, Patent, Property, Recovery, RERA, Trademark & Copyright

Get Advice
Advocate Raghav Agrawal

Advocate Raghav Agrawal

Anticipatory Bail, Arbitration, Banking & Finance, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Family, High Court, Labour & Service, Motor Accident, NCLT, Property, Recovery, Supreme Court

Get Advice
Advocate Mithilesh Kumar

Advocate Mithilesh Kumar

Criminal, Anticipatory Bail, Breach of Contract, Cheque Bounce, Court Marriage, Cyber Crime, Divorce, Family, Domestic Violence, Revenue, Succession Certificate

Get Advice
Advocate Prakshay Shrivastava

Advocate Prakshay Shrivastava

Anticipatory Bail,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Court Marriage,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Domestic Violence,Family,High Court,Medical Negligence,Motor Accident,Succession Certificate,

Get Advice

Cheque Bounce Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.