Law4u - Made in India

Can a cheque bounce case be filed if the cheque is issued on behalf of a minor?

08-Apr-2025
Cheque Bounce

Answer By law4u team

Under Section 138 of the Negotiable Instruments Act, 1881, a cheque bounce case can only be filed if the cheque is drawn by a person who is legally capable of entering into a contract. Key Points: 1. Minors Cannot Be Held Liable: - A minor cannot be prosecuted under Section 138 because they are not legally competent to enter into a contract under the Indian Contract Act, 1872. 2. Cheque Issued on Behalf of a Minor: - If a cheque is issued by a guardian or legal representative on behalf of a minor, then the guardian or representative can be held liable if the cheque bounces. - The liability depends on whether the person issuing the cheque did so in their personal capacity or on behalf of the minor. 3. Guardian’s Liability: - If the guardian issues the cheque for personal liabilities or commitments, they can be held liable under Section 138. - If the cheque is purely for the minor’s interest (like managing a minor’s account), it may not attract prosecution under Section 138.

Answer By Anik

Dear Client, Since a minor's contract is null and void under Sections 10 and 11 of the Indian Contract Act 1872 a check bounce case under Section 138 of the Negotiable Instruments Act 1881 is typically not maintainable against a minor. A check written by or on behalf of a minor does not carry criminal liability under Section 138 since a minor cannot have a legally enforceable debt or liability. However the adult who took on the responsibility of payment may be held liable if they sign or guarantee the check with the minor. 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 Bajrang Singh Charan

Advocate Bajrang Singh Charan

Civil, Criminal, Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Consumer Court, Corporate, Court Marriage, Domestic Violence, Family, High Court, Insurance, Labour & Service, Motor Accident, Property, R.T.I, Recovery, Tax, Wills Trusts, Revenue, Supreme Court

Get Advice
Advocate Omprakash Tiwari

Advocate Omprakash Tiwari

Anticipatory Bail, Arbitration, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, GST, Domestic Violence, Family, High Court, Immigration, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Patent, Property, R.T.I, Recovery, Succession Certificate

Get Advice
Advocate Ayub Sha H Diwan

Advocate Ayub Sha H Diwan

Civil, Criminal, Cheque Bounce, Family, Revenue

Get Advice
Advocate Hansraj Batolia

Advocate Hansraj Batolia

GST, Tax, Civil, Criminal, Cheque Bounce

Get Advice
Advocate Omkar Yadav

Advocate Omkar Yadav

Cheque Bounce, Civil, Court Marriage, Criminal, Domestic Violence, Motor Accident, Anticipatory Bail, Divorce, Succession Certificate, Revenue

Get Advice
Advocate Rajesh Roushan

Advocate Rajesh Roushan

Anticipatory Bail, Arbitration, Banking & Finance, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Family, Domestic Violence, Property, Trademark & Copyright

Get Advice
Advocate Manish Bahal

Advocate Manish Bahal

Court Marriage, Child Custody, Civil, Criminal, Corporate, Divorce, Domestic Violence, Family, Media and Entertainment, Muslim Law, Insurance, Cheque Bounce, Breach of Contract, Consumer Court, Customs & Central Excise, Landlord & Tenant, Motor Accident, Property, Recovery, Cyber Crime, GST, Documentation, Medical Negligence

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 S Satheeshkumar

Advocate S Satheeshkumar

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Insurance, International Law, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Supreme Court, Revenue, Banking & Finance

Get Advice
Advocate Bajrang Lal

Advocate Bajrang Lal

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