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

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.

Answer By Ayantika Mondal

Dear Client, According to Indian law, under Section 138 of the Negotiable Instruments (NI) Act, 1881, a minor cannot be prosecuted for dishonoured cheque cases. Section 11 of the Indian Contract Act, 1872 states that a minor is not competent to make a valid contract; thus, logically, a minor cannot incur legal liabilities. Therefore, a minor cannot be held liable for a crime. However, in case a cheque is issued on behalf of the minor by the legal guardian for discharging the lawful liability, then the legal guardian may be liable for prosecution. However, the determination of the actual liability shall depend on the nature of the transaction and the title of the account from which the cheque has been issued. I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you