Law4u - Made in India

What is the responsibility of guarantors in cheque bounce cases?

03-Apr-2025
Cheque Bounce

Answer By law4u team

Responsibility of Guarantors in Cheque Bounce Cases In India, guarantors can be held liable in cheque bounce cases under Section 138 of the Negotiable Instruments Act, 1881, but their liability depends on specific circumstances. When is a Guarantor Liable? If the Guarantor Issues the Cheque If a guarantor signs and issues the cheque on behalf of the borrower, they can be held directly liable for cheque bounce. If the Guarantor is a Co-Signatory If the guarantor is a joint account holder or co-signatory, they can be prosecuted for cheque dishonor. If the Guarantor Has Given an Unconditional Guarantee If the guarantee agreement includes a clause stating the guarantor will cover liabilities, they may be held responsible even if they did not issue the cheque. When is a Guarantor Not Liable? If They Did Not Issue the Cheque If the borrower issues the cheque and it bounces, the guarantor is generally not prosecuted under Section 138. Supreme Court’s Ruling in Indus Airways Pvt. Ltd. v. Magnum Aviation Pvt. Ltd. (2014) The liability under Section 138 arises only if the cheque was issued in discharge of an enforceable debt or liability. If the guarantor did not issue the cheque, they cannot be prosecuted under this section. Civil Liability Still Exists Even if a guarantor is not prosecuted under criminal law, the lender can recover the amount through a civil suit or under contract law. Key Takeaways Guarantors are not automatically liable in cheque bounce cases. They can be sued in civil court for debt recovery but not prosecuted under Section 138 unless they issued the cheque. Their liability depends on the guarantee agreement and involvement in issuing the cheque.

Answer By Jagtar Singh

judgement in 138 NIA in favour of accused person

Answer By Ayantika Mondal

Dear Client, Under Section 138 of the Negotiable Instruments Act 1881 the drawer of the check bears the primary liability in cases involving bounced checks. Guarantors may also face dishonor charges if they have written a check to cover the principal debtors obligations. If the guarantor printed or signed the check themselves they are liable. Unless they were the one who issued the check that bounced guarantors under a different loan agreement are not automatically liable under Section 138. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Cheque Bounce Verified Advocates

Get expert legal advice instantly.

Advocate Tapas Kumar Patra

Advocate Tapas Kumar Patra

Anticipatory Bail,Arbitration,Banking & Finance,Cheque Bounce,Civil,Consumer Court,Corporate,Criminal,Cyber Crime,Divorce,Tax,

Get Advice
Advocate Anup Chaturvedi

Advocate Anup Chaturvedi

Anticipatory Bail, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Insurance, Landlord & Tenant, Motor Accident, Property, Recovery, Revenue, Banking & Finance, Bankruptcy & Insolvency, Cheque Bounce, Breach of Contract, Arbitration

Get Advice
Advocate A G Deshpande

Advocate A G Deshpande

Divorce, Family, Domestic Violence, Insurance, Motor Accident, Property, Succession Certificate, Revenue, Cheque Bounce, Breach of Contract, Child Custody, Civil

Get Advice
Advocate Anil Kumar Puthalapattu

Advocate Anil Kumar Puthalapattu

Criminal, Family, Divorce, Cheque Bounce, Banking & Finance, Anticipatory Bail, R.T.I, Medical Negligence, Muslim Law, Domestic Violence, Immigration, Insurance, Labour & Service, Consumer Court, Cyber Crime, Civil, Child Custody, Motor Accident, Breach of Contract, Revenue

Get Advice
Advocate Avnish Kumar Upadhyay

Advocate Avnish Kumar Upadhyay

Anticipatory Bail, Cheque Bounce, Arbitration, Court Marriage, Cyber Crime, Criminal, Domestic Violence, High Court, Civil

Get Advice
Advocate Dileep Kumar Singh

Advocate Dileep Kumar Singh

High Court, Criminal, Child Custody, Court Marriage, Cheque Bounce, Domestic Violence, Family, Landlord & Tenant, Motor Accident, R.T.I

Get Advice
Advocate P A Hadagalihiremath

Advocate P A Hadagalihiremath

Civil, Family, Divorce, Cheque Bounce, Property

Get Advice
Advocate Smt. Shantabai Patil

Advocate Smt. Shantabai Patil

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Criminal, Divorce, Domestic Violence, Family, High Court, Motor Accident

Get Advice
Advocate Vijay Malik

Advocate Vijay Malik

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

Get Advice
Advocate T Sunil Kumar

Advocate T Sunil Kumar

Consumer Court, Cheque Bounce, Civil, Divorce, Domestic Violence, Family, High Court, Medical Negligence, Succession Certificate, Supreme Court, Recovery, Property, Criminal, Breach of Contract, Anticipatory Bail, Armed Forces Tribunal, Banking & Finance, Documentation, Child Custody, Landlord & Tenant, Insurance

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.