Law4u - Made in India

What is the penalty for cheque bounce under the Negotiable Instruments Act (NI Act)?

13-Mar-2023
Cheque Bounce

Answer By law4u team

Under Section 138 of the Negotiable Instruments Act (NI Act), the penalty for cheque bounce is both monetary and criminal in nature. Here are the details: Monetary Penalty: If a cheque bounces due to insufficient funds or any other reason, the drawer of the cheque is liable to pay the payee an amount equal to the face value of the cheque, along with interest and legal costs. The interest and legal costs vary depending on the terms of the agreement between the parties, but in general, the interest rate is between 9-12% per annum and the legal costs may include fees for legal notices, court fees, and advocate fees. Criminal Penalty: The drawer of the bounced cheque is also liable to be punished with imprisonment for a term which may extend to two years, or with a fine which may extend to twice the amount of the cheque, or with both. The payee of the cheque can initiate criminal proceedings against the drawer under Section 138 of the NI Act, after issuing a legal notice demanding payment and giving the drawer an opportunity to make good on the cheque. It is important to note that the penalty for cheque bounce under Section 138 of the NI Act is in addition to any other penalties that may be applicable under other laws, such as the Indian Penal Code or the Companies Act.

Cheque Bounce Verified Advocates

Get expert legal advice instantly.

Advocate Marimuthu N

Advocate Marimuthu N

Civil, Cheque Bounce, Family, Divorce, Property, R.T.I, High Court, Criminal, Domestic Violence, Documentation

Get Advice
Advocate Duvvala Rajashekar

Advocate Duvvala Rajashekar

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Civil, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Landlord & Tenant, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate, Wills Trusts

Get Advice
Advocate A K Anil Kumar

Advocate A K Anil Kumar

Anticipatory Bail, Cheque Bounce, Criminal, Cyber Crime, Civil

Get Advice
Advocate Satish Kumar Chaurasiya

Advocate Satish Kumar Chaurasiya

Anticipatory Bail, Cheque Bounce, Child Custody, Criminal, High Court

Get Advice
Advocate Dhanveer Singh

Advocate Dhanveer Singh

Anticipatory Bail,Arbitration,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Documentation,GST,Domestic Violence,Family,High Court,Insurance,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,Patent,Property,Recovery,Succession Certificate,Trademark & Copyright,Wills Trusts,Revenue

Get Advice
Advocate Milind Suravkar

Advocate Milind Suravkar

Cheque Bounce, Family, Domestic Violence, Criminal, Divorce

Get Advice
Advocate Dhanshree Shashikant Gend

Advocate Dhanshree Shashikant Gend

Property, Family, Arbitration, Cheque Bounce

Get Advice
Advocate Kaushal Kumar Yadav

Advocate Kaushal Kumar Yadav

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Cheque Bounce, Consumer Court, Corporate, Criminal, Cyber Crime, High Court, Labour & Service, Motor Accident, R.T.I, Supreme Court, Divorce, Family, Domestic Violence, Revenue, Muslim Law, Court Marriage, Civil

Get Advice
Advocate Alibothu Santhosh Kumar

Advocate Alibothu Santhosh Kumar

Cheque Bounce, Anticipatory Bail, Criminal, Domestic Violence, Family

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.