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 Deelip Jonwal

Advocate Deelip Jonwal

Child Custody, Civil, Cheque Bounce, Family, Divorce

Get Advice
Advocate Ravi Prakash Rai

Advocate Ravi Prakash Rai

Breach of Contract, Cheque Bounce, Civil, Consumer Court, Corporate, Criminal, Cyber Crime, GST, Domestic Violence, Landlord & Tenant, Motor Accident, Recovery, Tax, Revenue, Anticipatory Bail

Get Advice
Advocate Mukeshh Toor

Advocate Mukeshh Toor

Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Criminal, Divorce, Domestic Violence, Family, Court Marriage, Landlord & Tenant, Motor Accident, Property, Recovery, Succession Certificate, Revenue, Wills Trusts, Anticipatory Bail

Get Advice
Advocate Ravi Sharma

Advocate Ravi Sharma

Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Landlord & Tenant, Motor Accident, Property, R.T.I, Recovery, Succession Certificate, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Mr Suhail Khan

Advocate Mr Suhail Khan

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Kathappan A

Advocate Kathappan A

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Family, High Court, Insurance, Motor Accident, Domestic Violence, Cyber Crime, Documentation, Banking & Finance, Labour & Service

Get Advice
Advocate Aryaa Nitin Shirodkar

Advocate Aryaa Nitin Shirodkar

Anticipatory Bail, Arbitration, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Divorce, Domestic Violence, Family, High Court, Labour & Service, Property, Recovery, RERA, Succession Certificate, Trademark & Copyright, Wills Trusts, Startup, Corporate, Criminal, Medical Negligence

Get Advice
Advocate Kajol Soni

Advocate Kajol Soni

Anticipatory Bail, Arbitration, Cheque Bounce, Civil, Corporate, Documentation, GST, Tax

Get Advice
Advocate Syed Ameer

Advocate Syed Ameer

Documentation, Domestic Violence, Family, Criminal, Civil, Consumer Court, Corporate, Cheque Bounce, RERA, Muslim Law, Divorce, High Court, Labour & Service, Motor Accident, Trademark & Copyright, Revenue, Wills Trusts, Child Custody, Court Marriage, Customs & Central Excise, Anticipatory Bail

Get Advice
Advocate Kasim Advocate

Advocate Kasim Advocate

Anticipatory Bail, Cheque Bounce, Consumer Court, Criminal, Domestic Violence

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.