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 Arpan Kumar

Advocate Arpan Kumar

Cheque Bounce, Anticipatory Bail, Arbitration, Breach of Contract, Banking & Finance, Child Custody, Civil, Consumer Court, Criminal, Cyber Crime, Divorce, Domestic Violence, High Court, NCLT, Property, Motor Accident, R.T.I, Labour & Service, Insurance, Supreme Court, Trademark & Copyright, Tax, Bankruptcy & Insolvency, Family, Landlord & Tenant, Medical Negligence, Muslim Law, Recovery, Succession Certificate, Wills Trusts

Get Advice
Advocate Vedmani Tiwari

Advocate Vedmani Tiwari

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Banking & Finance, Breach of Contract, Cheque Bounce, Bankruptcy & Insolvency, Child Custody, Corporate, Consumer Court, Civil, Court Marriage, Customs & Central Excise, Criminal, Domestic Violence, Divorce, GST, Documentation, High Court, Family, Immigration, Insurance, International Law, Labour & Service, Media and Entertainment, NCLT, Property

Get Advice
Advocate Sangram Singh Rathore

Advocate Sangram Singh Rathore

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Court Marriage, Consumer Court, Civil, Criminal, GST, Divorce, Cyber Crime, Domestic Violence, High Court, Family, Insurance, Motor Accident, Muslim Law, Property, Recovery, Tax, R.T.I, Labour & Service, Revenue, Wills Trusts

Get Advice
Advocate M Anand Kumar

Advocate M Anand Kumar

Cheque Bounce, Civil, Consumer Court, Criminal, Divorce, Family, Domestic Violence, Landlord & Tenant, Motor Accident, Property, R.T.I, Recovery, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Vraj B Raval

Advocate Vraj B Raval

Anticipatory Bail, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Family, High Court

Get Advice
Advocate Shubham Singh Rajpoot

Advocate Shubham Singh Rajpoot

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 Amit Pratap Singh

Advocate Amit Pratap Singh

Arbitration, Banking & Finance, Armed Forces Tribunal, Cheque Bounce, Consumer Court, Civil, Cyber Crime, High Court, Insurance, International Law, R.T.I, Motor Accident, Recovery, Property, Breach of Contract

Get Advice
Advocate Sidharth Sindhu

Advocate Sidharth Sindhu

Criminal,Cheque Bounce,Landlord & Tenant,Immigration,Domestic Violence,Family,Cyber Crime,Court Marriage,Civil,

Get Advice
Advocate Aadv Anuj Srivastava

Advocate Aadv Anuj Srivastava

Criminal, Cheque Bounce, Family, Divorce, Domestic Violence, Court Marriage, Child Custody, Succession Certificate, Muslim Law, Documentation, Anticipatory Bail

Get Advice
Advocate Naitik Pandey

Advocate Naitik Pandey

Cheque Bounce, Criminal, Divorce, Documentation, Domestic Violence, Family, Landlord & Tenant, Anticipatory Bail, Court Marriage

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.