Law4u - Made in India

What is the punishment for a cheque bounce under Section 138?

24-Feb-2025
Cheque Bounce

Answer By law4u team

Punishment for Cheque Bounce Under Section 138 of the Negotiable Instruments Act, 1881 A cheque bounce due to insufficient funds or if the drawer stops payment without valid reason is a criminal offense under Section 138 of the Negotiable Instruments Act, 1881. 1. Punishment for Cheque Bounce If found guilty under Section 138, the drawer of the bounced cheque faces: Imprisonment up to 2 years, or Fine up to twice the cheque amount, or Both imprisonment and fine. The court may also direct the accused to compensate the payee under Section 357(3) of the CrPC. 2. Conditions for Section 138 to Apply A cheque bounce case is valid under Section 138 only if: The cheque was issued for a legally enforceable debt. The cheque was presented within 3 months from the date of issue. The cheque was returned due to insufficient funds or other reasons like a closed account. The payee sent a legal notice within 30 days of receiving the dishonor memo. The drawer failed to make the payment within 15 days of receiving the notice. If these conditions are met, the payee can file a criminal complaint within 30 days after the 15-day period expires. 3. Civil and Criminal Remedies Apart from criminal proceedings under Section 138, the payee can: File a civil suit for cheque recovery under the Civil Procedure Code, 1908. Initiate proceedings under the Insolvency and Bankruptcy Code (IBC), 2016, if the drawer is a company. File a Summary Suit under Order 37 of CPC for quicker recovery. 4. Defenses Available to the Drawer The accused can defend the case by proving: The cheque was issued as a gift or donation, not for a legal liability. The cheque was stolen or misused. There was a material alteration in the cheque. The payee did not file the case within the legal time limit. Conclusion A cheque bounce under Section 138 is a criminal offense punishable with up to 2 years in jail or a fine. The payee must follow legal procedures to file a complaint, and the drawer can defend themselves if the cheque was misused.

Cheque Bounce Verified Advocates

Get expert legal advice instantly.

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, Supreme Court, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Asit Kumar

Advocate Asit Kumar

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Divorce, Domestic Violence, Family, High Court

Get Advice
Advocate Choutapelli Venugopal

Advocate Choutapelli Venugopal

Cheque Bounce, Civil, Criminal, Divorce, Family

Get Advice
Advocate Diwan Gulamodin

Advocate Diwan Gulamodin

Civil, Family, Domestic Violence, Divorce, R.T.I, Property, Motor Accident, Muslim Law, Revenue, Criminal, High Court, Anticipatory Bail, Arbitration, Child Custody, Cheque Bounce, Banking & Finance, Consumer Court

Get Advice
Advocate Kameshwar Mahto

Advocate Kameshwar Mahto

Anticipatory Bail, Criminal, Cheque Bounce, Civil, Family, Insurance, Court Marriage, Divorce, Domestic Violence, High Court, Breach of Contract, Revenue, Arbitration, Cyber Crime, Muslim Law, Motor Accident

Get Advice
Advocate Umanath Dash

Advocate Umanath Dash

Divorce, Family, Civil, Criminal, Tax, Corporate, Cheque Bounce, Banking & Finance, Property, RERA, GST, R.T.I, Anticipatory Bail, High Court, Startup, Revenue

Get Advice
Advocate Gopal Gupta

Advocate Gopal Gupta

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Succession Certificate, Recovery

Get Advice
Advocate Ravi Tak

Advocate Ravi Tak

Anticipatory Bail, Arbitration, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court

Get Advice
Advocate Naveen Kaushik

Advocate Naveen Kaushik

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

Get Advice
Advocate Prashant Chaturvedi

Advocate Prashant Chaturvedi

Cheque Bounce, Criminal, High Court, Divorce, Consumer Court

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.