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 Vivek Kumar Jagariya

Advocate Vivek Kumar Jagariya

Banking & Finance, Cheque Bounce, Child Custody, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, Labour & Service, Medical Negligence, Patent, Recovery, Startup, Tax, Trademark & Copyright, Corporate, Anticipatory Bail, Breach of Contract, Bankruptcy & Insolvency

Get Advice
Advocate Prasant Pattnaik

Advocate Prasant Pattnaik

Family, Civil, Cheque Bounce, Muslim Law, Child Custody, Consumer Court, Criminal

Get Advice
Advocate Nirmal Sitaram P

Advocate Nirmal Sitaram P

Anticipatory Bail, Cheque Bounce, Criminal, Cyber Crime, Divorce, High Court, Motor Accident

Get Advice
Advocate Jayanti Parmar

Advocate Jayanti Parmar

Cheque Bounce, Consumer Court, Court Marriage, Criminal, Domestic Violence, Family, Insurance, Motor Accident, R.T.I, Wills Trusts

Get Advice
Advocate Alankar Singh

Advocate Alankar Singh

Anticipatory Bail, Cheque Bounce, Child Custody, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Medical Negligence, Motor Accident, Muslim Law, R.T.I, Succession Certificate

Get Advice
Advocate Prasad Manikrao Kolase

Advocate Prasad Manikrao Kolase

Criminal, Civil, Revenue, Cheque Bounce, R.T.I

Get Advice
Advocate Vipin Joshi

Advocate Vipin Joshi

Banking & Finance, Cheque Bounce, Civil, Criminal, High Court, Insurance, Property, Revenue

Get Advice
Advocate Prasanna Kumar Dash

Advocate Prasanna Kumar Dash

Armed Forces Tribunal, Cheque Bounce, Civil, Consumer Court, Court Marriage, Divorce, Domestic Violence, Family, High Court, Landlord & Tenant, Supreme Court, Wills Trusts, Revenue, International Law, Succession Certificate

Get Advice
Advocate D R Agrawal

Advocate D R Agrawal

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, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue, Supreme Court

Get Advice
Advocate Rajiv Modgill

Advocate Rajiv Modgill

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

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.