Law4u - Made in India

How does cheque bounce law apply to joint accounts?

06-Apr-2025
Cheque Bounce

Answer By law4u team

In India, cheque bounce cases are governed by Section 138 of the Negotiable Instruments Act, 1881. When a cheque is issued from a joint account and gets dishonored, the applicability of the law depends on who signed the cheque. 1. Liability of the Signatory: - The person who signs the cheque is primarily liable under Section 138. - If only one account holder signs the cheque, only that person can be held responsible for cheque bounce. - The non-signing joint account holder is not liable under Section 138. 2. Liability When Both Parties Sign: - If the cheque is jointly signed, both signatories can be prosecuted. - If the payee files a complaint, both signatories must defend themselves in the case. 3. Complaint Procedure: - The complaint must be filed within 30 days from the date of receiving the cheque bounce notice. - The payee must issue a demand notice within 15 days of receiving the cheque return memo from the bank. - If the drawer fails to make the payment within 15 days of receiving the notice, a legal complaint can be filed. 4. Joint Liability Under Companies or Partnerships: - If a cheque is issued by a company or partnership firm, both the company/firm and the signatory can be held liable. - Directors or partners who are involved in the day-to-day operations can be prosecuted if they signed the cheque. 5. Penalties for Cheque Bounce: - Imprisonment up to two years or a fine up to double the amount of the cheque, or both. - The court may also order the drawer to pay compensation to the complainant.

Answer By Anik

Dear Client, In joint accounts Section 138 liability for a bounced check usually only applies to the checks signatory or signatories. In Aparna A. Shah versus Sheth Developers Pvt. Ltd. (2013), the Supreme Court decided that Section 138 prosecution is limited to the person who signs the check. Because they are joint account holders other account holders who did not sign the check are not immediately liable. Accordingly under the check bounce law the drawer or drawers who signed the returned check are liable in joint accounts. 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 R P Raikwar

Advocate R P Raikwar

Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Insurance, Motor Accident, Muslim Law

Get Advice
Advocate Arun Pratap Singh Kushwah

Advocate Arun Pratap Singh Kushwah

Cheque Bounce, Civil, Divorce, Criminal, Revenue

Get Advice
Advocate Vishal Dubey

Advocate Vishal Dubey

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 Rakesh

Advocate Rakesh

GST, Tax, Cheque Bounce, Banking & Finance, Civil

Get Advice
Advocate Ramanjini K

Advocate Ramanjini K

Anticipatory Bail, Banking & Finance, Cheque Bounce, Criminal, Divorce, Family, Landlord & Tenant, Motor Accident, Property, Recovery, Succession Certificate, Wills Trusts, Civil, Domestic Violence, Muslim Law

Get Advice
Advocate Sandeep Kummar

Advocate Sandeep Kummar

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Immigration, Insurance, Labour & Service, Motor Accident, Muslim Law, R.T.I, Property, Recovery, Wills Trusts, Succession Certificate

Get Advice
Advocate Jamaluddin G

Advocate Jamaluddin G

Civil, Family, Cheque Bounce, Breach of Contract, Landlord & Tenant

Get Advice
Advocate Sunny Sachdeva

Advocate Sunny Sachdeva

Breach of Contract, Cheque Bounce, Child Custody, Civil, Criminal, Domestic Violence, Family, High Court, Property, R.T.I, Recovery, Divorce

Get Advice
Advocate Neel Kumar

Advocate Neel Kumar

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, Domestic Violence, Family, High Court, Immigration, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Ayub Sha H Diwan

Advocate Ayub Sha H Diwan

Civil, Criminal, Cheque Bounce, Family, 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.