Section 138Dishonour of Cheque
138
138
Dishonour of Cheque
Negotiable Instruments Act
Chapter XVII
⚖️
Reviewed by Adv. Shailendra Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-03-31📚 Source: The Gazette of India
BailableCognizableNon Compoundable
🗣️ Simple Explanation

If you write a cheque and don't have enough money in your account, or if your bank refuses to pay it, it's a crime. You can be punished with jail time or a fine, or both. The fine can be up to double the cheque amount.

⚖️ Punishment

Imprisonment up to 2 years, or fine up to twice the cheque amount, or both.

💡 Real Life Example

A gives B a cheque for ₹5,000. B deposits it, but A's account has only ₹2,000. The cheque bounces. A has committed an offense.

🛡️ KNOW YOUR RIGHTS
  • You have the right to send a legal notice to the person who issued the bounced cheque.
  • You can file a complaint in court if the person doesn't pay up after the notice.
  • You can claim the cheque amount, interest, and legal expenses.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Adv. Shailendra Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Negotiable Instruments Act

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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