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 Vinay Gupta

Advocate Vinay Gupta

Court Marriage, Criminal, Divorce, Family, Insurance, Motor Accident, Recovery, Cheque Bounce, Consumer Court

Get Advice
Advocate Ashish Bharani

Advocate Ashish Bharani

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Civil, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, NCLT

Get Advice
Advocate Yar Mohammad

Advocate Yar Mohammad

Anticipatory Bail, Cheque Bounce, Family, High Court, Property, Muslim Law

Get Advice
Advocate Deepak Paswan

Advocate Deepak Paswan

Civil, Consumer Court, Cheque Bounce, Criminal, Corporate, Court Marriage, Divorce, Family, Domestic Violence, High Court, Motor Accident, Breach of Contract, Customs & Central Excise, Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Arbitration, Cyber Crime, Insurance, Documentation, Trademark & Copyright, Patent, Property, Wills Trusts, Revenue, R.T.I, Labour & Service, Landlord & Tenant

Get Advice
Advocate Nilanchal Mohanty

Advocate Nilanchal Mohanty

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Documentation, Family, High Court, Labour & Service, Motor Accident, Property, R.T.I, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Chandrakala B Advocate Cum Notary Public

Advocate Chandrakala B Advocate Cum Notary Public

Cheque Bounce, Civil, Court Marriage, Criminal, Documentation, Motor Accident, Property, Recovery, Revenue

Get Advice
Advocate Alageswaran Rk

Advocate Alageswaran Rk

Criminal, Cyber Crime, Domestic Violence, Family, High Court, Labour & Service, Medical Negligence, Motor Accident, Property, R.T.I, Trademark & Copyright, Wills Trusts, Cheque Bounce, Banking & Finance, Anticipatory Bail, Civil, Corporate, Customs & Central Excise, Divorce, Documentation

Get Advice
Advocate Yasar Khan

Advocate Yasar Khan

Breach of Contract,Cheque Bounce,Civil,Court Marriage,Criminal,Cyber Crime,Domestic Violence,Family,Landlord & Tenant,Muslim Law,Property,RERA,Supreme Court,Revenue

Get Advice
Advocate Krishna Kumar

Advocate Krishna Kumar

Domestic Violence, Motor Accident, Anticipatory Bail, Cheque Bounce, Criminal

Get Advice
Advocate Pramod Kumar Tewari

Advocate Pramod Kumar Tewari

Criminal, Cheque Bounce, Family, Consumer Court, Anticipatory Bail

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.