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 Birpal singh

Advocate Birpal singh

GST, Cheque Bounce, Anticipatory Bail, Criminal, Divorce, Tax

Get Advice
Advocate Ajaysinhji Indrasinhji Maharaulji

Advocate Ajaysinhji Indrasinhji Maharaulji

Banking & Finance,Cheque Bounce,Child Custody,Consumer Court,Court Marriage,Criminal,Cyber Crime,Divorce,Documentation,Domestic Violence,Family,Medical Negligence,Muslim Law,

Get Advice
Advocate Anithabai S

Advocate Anithabai S

Civil, Cheque Bounce, Domestic Violence, Family, Landlord & Tenant, Consumer Court, Criminal

Get Advice
Advocate A P S Arora

Advocate A P S Arora

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, High Court, Immigration, Insurance, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Property, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Ravi Tegta

Advocate Ravi Tegta

High Court, Labour & Service, Consumer Court, Cheque Bounce, Anticipatory Bail, Criminal

Get Advice
Advocate Niliket Raut

Advocate Niliket Raut

Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Medical Negligence, Muslim Law, R.T.I, Recovery, Supreme Court, Wills Trusts, Revenue, Banking & Finance

Get Advice
Advocate Jitender Sharma

Advocate Jitender Sharma

Cheque Bounce, Domestic Violence, Banking & Finance, Insurance, Property, Civil, Consumer Court, Corporate

Get Advice
Advocate Ashish Pawaskar

Advocate Ashish Pawaskar

Anticipatory Bail,Cheque Bounce,Child Custody,Civil,Consumer Court,Court Marriage,Criminal,Cyber Crime,Divorce,Documentation,Domestic Violence,Family,High Court,Insurance,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,Property,RERA,Succession Certificate,Supreme Court,Wills Trusts,

Get Advice
Advocate Richa Pandey

Advocate Richa Pandey

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, 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, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Kunal Kumar Singh

Advocate Kunal Kumar Singh

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, 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, Tax, Trademark & Copyright, Wills Trusts, 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.