Law4u - Made in India

Can a cheque bounce case be filed if the cheque is issued on behalf of a minor?

08-Apr-2025
Cheque Bounce

Answer By law4u team

Under Section 138 of the Negotiable Instruments Act, 1881, a cheque bounce case can only be filed if the cheque is drawn by a person who is legally capable of entering into a contract. Key Points: 1. Minors Cannot Be Held Liable: - A minor cannot be prosecuted under Section 138 because they are not legally competent to enter into a contract under the Indian Contract Act, 1872. 2. Cheque Issued on Behalf of a Minor: - If a cheque is issued by a guardian or legal representative on behalf of a minor, then the guardian or representative can be held liable if the cheque bounces. - The liability depends on whether the person issuing the cheque did so in their personal capacity or on behalf of the minor. 3. Guardian’s Liability: - If the guardian issues the cheque for personal liabilities or commitments, they can be held liable under Section 138. - If the cheque is purely for the minor’s interest (like managing a minor’s account), it may not attract prosecution under Section 138.

Answer By Anik

Dear Client, Since a minor's contract is null and void under Sections 10 and 11 of the Indian Contract Act 1872 a check bounce case under Section 138 of the Negotiable Instruments Act 1881 is typically not maintainable against a minor. A check written by or on behalf of a minor does not carry criminal liability under Section 138 since a minor cannot have a legally enforceable debt or liability. However the adult who took on the responsibility of payment may be held liable if they sign or guarantee the check with the minor. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Answer By Ayantika Mondal

Dear Client, According to Indian law, under Section 138 of the Negotiable Instruments (NI) Act, 1881, a minor cannot be prosecuted for dishonoured cheque cases. Section 11 of the Indian Contract Act, 1872 states that a minor is not competent to make a valid contract; thus, logically, a minor cannot incur legal liabilities. Therefore, a minor cannot be held liable for a crime. However, in case a cheque is issued on behalf of the minor by the legal guardian for discharging the lawful liability, then the legal guardian may be liable for prosecution. However, the determination of the actual liability shall depend on the nature of the transaction and the title of the account from which the cheque has been issued. I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you

Cheque Bounce Verified Advocates

Get expert legal advice instantly.

Advocate Sandip K Patel

Advocate Sandip K Patel

Anticipatory Bail, Cheque Bounce, Child Custody, Criminal, Cyber Crime, Divorce, Domestic Violence, Family

Get Advice
Advocate Prasoon Vashistha

Advocate Prasoon Vashistha

Anticipatory Bail, Cheque Bounce, Consumer Court, Criminal, Divorce, Domestic Violence, Family, Succession Certificate, Cyber Crime

Get Advice
Advocate Abhijit Biswas

Advocate Abhijit Biswas

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, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Samiksha Vaigankar

Advocate Samiksha Vaigankar

Anticipatory Bail, Arbitration, Cheque Bounce, Breach of Contract, Child Custody, Civil, Corporate, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Labour & Service, High Court, Family, Motor Accident, Succession Certificate, RERA, Recovery, R.T.I, Startup, Revenue, Banking & Finance

Get Advice
Advocate Parag Negi

Advocate Parag Negi

Consumer Court, Cheque Bounce, Civil, Corporate, Criminal, Divorce, Cyber Crime, Domestic Violence, Family, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, RERA, Motor Accident, Property, Recovery, Succession Certificate, Revenue

Get Advice
Advocate Ayyanar Ar

Advocate Ayyanar Ar

Cheque Bounce, Civil, Criminal, Divorce, Motor Accident

Get Advice
Advocate Sajad Ahmad Khanday

Advocate Sajad Ahmad Khanday

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Criminal, Divorce, Documentation, Domestic Violence, High Court, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Property, Recovery, Media and Entertainment, Revenue

Get Advice
Advocate Vijay Malik

Advocate Vijay Malik

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

Get Advice
Advocate Manoj Paliwal

Advocate Manoj Paliwal

Anticipatory Bail, Cheque Bounce, Civil, Criminal, Divorce, Family, High Court, Revenue

Get Advice
Advocate Vishal T Lokhande

Advocate Vishal T Lokhande

Anticipatory Bail, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Recovery, RERA, Succession Certificate, Revenue

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.