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 Kunal Pawar

Advocate Kunal Pawar

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, Supreme Court, Wills Trusts, Revenue, Breach of Contract, Corporate, Documentation, GST, Insurance, Media and Entertainment, Property, R.T.I, Recovery, Startup, Trademark & Copyright, Tax, Armed Forces Tribunal

Get Advice
Advocate Prabendra Rajput

Advocate Prabendra Rajput

Anticipatory Bail, Banking & Finance, 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, Immigration, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, Property, R.T.I, Recovery, RERA, Succession Certificate, Supreme Court, Tax, Wills Trusts

Get Advice
Advocate Bikram Singh

Advocate Bikram Singh

Anticipatory Bail,Cheque Bounce,Child Custody,Criminal,Cyber Crime,Divorce,Domestic Violence,Family,Succession Certificate,Medical Negligence,Motor Accident,Consumer Court,indian,

Get Advice
Advocate Ganesh Kakarwal

Advocate Ganesh Kakarwal

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Criminal, Divorce, Domestic Violence, Family, Insurance, Landlord & Tenant, Motor Accident, Property, R.T.I, Recovery, Succession Certificate, Revenue, Medical Negligence, High Court, Court Marriage, Trademark & Copyright, Documentation, Cyber Crime, RERA

Get Advice
Advocate Sandip K Patel

Advocate Sandip K Patel

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

Get Advice
Advocate Abdul Qayyum

Advocate Abdul Qayyum

Armed Forces Tribunal, Cheque Bounce, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, International Law, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, Property, R.T.I, Recovery, RERA, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Arun Kumar Vishwakarma

Advocate Arun Kumar Vishwakarma

Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Landlord & Tenant, Labour & Service, Motor Accident, Medical Negligence, Muslim Law, Property, RERA, Recovery, Revenue, Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Cyber Crime, Wills Trusts, Succession Certificate, Tax, Insurance, Documentation

Get Advice
Advocate Ishan Mishra

Advocate Ishan Mishra

Cheque Bounce, Civil, Court Marriage, Criminal, Family, Divorce, Property, Revenue, High Court, Anticipatory Bail, Consumer Court, Domestic Violence, Landlord & Tenant

Get Advice
Advocate Adv Pranayraj Ranveer

Advocate Adv Pranayraj Ranveer

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Civil, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Motor Accident, Revenue

Get Advice
Advocate Kumar Thombare

Advocate Kumar Thombare

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, Landlord & Tenant, Muslim Law, Property, Recovery, Succession Certificate

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.