Law4u - Made in India

What are the penalties for the drawer if found guilty in a cheque bounce case?

10-Feb-2025
Cheque Bounce

Answer By law4u team

In India, if a cheque is dishonored due to insufficient funds or other reasons, the drawer (the person who issued the cheque) can face the following penalties under Section 138 of the Negotiable Instruments Act, 1881: Criminal Penalty: The drawer can face imprisonment for a term that may extend to two years. Alternatively, or in addition to imprisonment, the drawer may be subjected to a fine which may extend to twice the amount of the cheque. Procedure for Filing a Case: The payee (the person who receives the cheque) must first send a demand notice to the drawer within 30 days of receiving information from the bank about the dishonor. If the drawer fails to make the payment within 15 days of receiving the notice, the payee can file a criminal case under Section 138 in the court. Civil Liability: In addition to criminal penalties, the drawer may also be liable for civil compensation to the payee, including the value of the dishonored cheque and any associated costs incurred by the payee. Defenses Available to the Drawer: The drawer can contest the case by proving that the dishonor was due to reasons other than insufficient funds, such as technical errors or fraud. These provisions serve as a deterrent to cheque dishonor and ensure accountability for the drawer in cheque transactions.

Cheque Bounce Verified Advocates

Get expert legal advice instantly.

Advocate Salimuddin

Advocate Salimuddin

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Consumer Court, Cyber Crime, High Court, Muslim Law, Wills Trusts, Breach of Contract, Child Custody, Civil, Customs & Central Excise, Divorce, Court Marriage, Criminal, Domestic Violence, GST, Insurance, Family, Medical Negligence, Motor Accident, Trademark & Copyright, Tax, Supreme Court

Get Advice
Advocate Premnath Reddy Kanchi

Advocate Premnath Reddy Kanchi

Cheque Bounce,Banking & Finance,Anticipatory Bail,Motor Accident,Civil,Insurance,Property,

Get Advice
Advocate Gokuldas

Advocate Gokuldas

Anticipatory Bail, Arbitration, Cheque Bounce, Breach of Contract, Banking & Finance, Civil, Criminal, Customs & Central Excise, Cyber Crime, Divorce, GST, Domestic Violence, Family, Landlord & Tenant, Medical Negligence, Motor Accident, Recovery, Succession Certificate, Wills Trusts

Get Advice
Advocate Gundelli Rajasekar

Advocate Gundelli Rajasekar

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

Get Advice
Advocate Gorav Momiya

Advocate Gorav Momiya

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Motor Accident

Get Advice
Advocate Bharat Singh Advocate Of Supreme Court Of India

Advocate Bharat Singh Advocate Of Supreme Court Of India

Armed Forces Tribunal, Cheque Bounce, Civil, Consumer Court, Customs & Central Excise, Criminal, High Court, Motor Accident, RERA, Supreme Court

Get Advice
Advocate Manish Kumar Sharma

Advocate Manish Kumar Sharma

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Motor Accident, Muslim Law, Succession Certificate, Supreme Court, Trademark & Copyright

Get Advice
Advocate Advocate Deepanshu Sahu

Advocate Advocate Deepanshu Sahu

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

Get Advice
Advocate Deepinder Kumar

Advocate Deepinder Kumar

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Insurance, Medical Negligence, Motor Accident, Property, Recovery, Succession Certificate, Supreme Court, Wills Trusts, Revenue

Get Advice
Advocate A Bhaskar Reddy

Advocate A Bhaskar Reddy

Cheque Bounce, Civil, Criminal, Cyber Crime, Family

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.