Law4u - Made in India

Does the law apply to cheques issued by companies or firms?

27-Dec-2024
Cheque Bounce

Answer By law4u team

Yes, the law related to cheque bounce in India applies to cheques issued by companies, firms, and other legal entities, just as it does to cheques issued by individuals. The provisions for dishonour of cheques are outlined under Section 138 of the Negotiable Instruments Act, 1881, and they apply to both individuals and corporate entities. Key Points Regarding Cheques Issued by Companies or Firms: Liability of Companies/Firms: If a cheque issued by a company or firm is dishonoured due to insufficient funds or other reasons, the company or firm can be held liable. However, the directors or officers of the company may also be personally liable if they are found to be involved in the offence, particularly in cases where the cheque was issued dishonestly or with fraudulent intent. Criminal Liability: The person who signed the cheque on behalf of the company or firm (e.g., a director, manager, or authorized signatory) can be prosecuted for cheque dishonour under Section 138. A complaint for dishonour of a cheque must be filed within 30 days from the receipt of the notice of dishonour. Procedure for Filing a Case: The payee (the person to whom the cheque was issued) must send a demand notice to the drawer (company or firm) within 30 days of receiving information about the dishonour of the cheque. If the company or firm fails to make payment within 15 days after receiving the notice, a legal case can be filed under Section 138. Defence for Companies/Firms: A company or firm can raise certain defences to contest the cheque bounce case. Some of the common defences include: The cheque was not issued for a legally valid transaction. The cheque was issued under duress or fraud. There was a mistake or technical error in the cheque. Penalties: If found guilty, a company or firm can face fines and imprisonment. The fine can be double the amount of the cheque or imprisonment for up to 2 years, or both. If the accused is a company, the company itself and its directors or officers who were responsible for the dishonour of the cheque can be penalized. Conclusion: The law regarding cheque bounce applies to cheques issued by companies, firms, and other legal entities in India. In case of dishonour, the company or firm can be held liable, and its directors or officers involved in the issuance of the cheque can also face criminal prosecution. The legal procedure for filing a case remains the same, with a demand notice being a key requirement before filing a complaint.

Cheque Bounce Verified Advocates

Get expert legal advice instantly.

Advocate Akhilesh Soni

Advocate Akhilesh Soni

Anticipatory Bail, Cheque Bounce, Cyber Crime, Domestic Violence, High Court, Succession Certificate, Court Marriage, Bankruptcy & Insolvency, Banking & Finance, Child Custody, Consumer Court, Customs & Central Excise, GST, Family, Criminal

Get Advice
Advocate Chandra Mohan Jha

Advocate Chandra Mohan Jha

Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Civil, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Family, High Court, Labour & Service, Motor Accident, Muslim Law, Property, Recovery, Succession Certificate, Trademark & Copyright, Wills Trusts

Get Advice
Advocate Priya Dhaval Khairnar

Advocate Priya Dhaval Khairnar

Cheque Bounce, Anticipatory Bail, Arbitration, Civil, Consumer Court, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Motor Accident, Recovery, Child Custody, Court Marriage, Cyber Crime

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 Pravin Salunkhe

Advocate Pravin Salunkhe

Cheque Bounce, Child Custody, Civil, Consumer Court, Divorce, Family, Medical Negligence, Motor Accident, Succession Certificate, Domestic Violence, Labour & Service, Media and Entertainment, Recovery, Court Marriage, Breach of Contract, Landlord & Tenant, Revenue, Anticipatory Bail, Criminal

Get Advice
Advocate Omkar Amandas Kumbhar

Advocate Omkar Amandas Kumbhar

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

Get Advice
Advocate Narendra Kumar Shukla

Advocate Narendra Kumar Shukla

Cheque Bounce, Divorce, Criminal, Supreme Court, Labour & Service

Get Advice
Advocate Mekhiya Rakesh A

Advocate Mekhiya Rakesh A

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

Get Advice
Advocate Abhishek Tiwari

Advocate Abhishek Tiwari

Criminal, Anticipatory Bail, Cheque Bounce, Child Custody, Court Marriage, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Insurance, Medical Negligence, Muslim Law

Get Advice
Advocate Ravi Kumar Perumal

Advocate Ravi Kumar Perumal

Banking & Finance, Cheque Bounce, Motor Accident, Criminal, Civil

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.