Law4u - Made in India

What is the penalty for cheque bounce under the Negotiable Instruments Act (NI Act)?

13-Mar-2023
Cheque Bounce

Answer By law4u team

Under Section 138 of the Negotiable Instruments Act (NI Act), the penalty for cheque bounce is both monetary and criminal in nature. Here are the details: Monetary Penalty: If a cheque bounces due to insufficient funds or any other reason, the drawer of the cheque is liable to pay the payee an amount equal to the face value of the cheque, along with interest and legal costs. The interest and legal costs vary depending on the terms of the agreement between the parties, but in general, the interest rate is between 9-12% per annum and the legal costs may include fees for legal notices, court fees, and advocate fees. Criminal Penalty: The drawer of the bounced cheque is also liable to be punished with imprisonment for a term which may extend to two years, or with a fine which may extend to twice the amount of the cheque, or with both. The payee of the cheque can initiate criminal proceedings against the drawer under Section 138 of the NI Act, after issuing a legal notice demanding payment and giving the drawer an opportunity to make good on the cheque. It is important to note that the penalty for cheque bounce under Section 138 of the NI Act is in addition to any other penalties that may be applicable under other laws, such as the Indian Penal Code or the Companies Act.

Cheque Bounce Verified Advocates

Get expert legal advice instantly.

Advocate Ashish Pawaskar

Advocate Ashish Pawaskar

Anticipatory Bail,Cheque Bounce,Child Custody,Civil,Consumer Court,Court Marriage,Criminal,Cyber Crime,Divorce,Documentation,Domestic Violence,Family,High Court,Insurance,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,Property,RERA,Succession Certificate,Supreme Court,Wills Trusts,

Get Advice
Advocate Adv.deen Dayal Sindhu

Advocate Adv.deen Dayal Sindhu

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, Landlord & Tenant, Motor Accident, Property, Succession Certificate, Wills Trusts, Revenue, High Court

Get Advice
Advocate Amit Gautam

Advocate Amit Gautam

Anticipatory Bail,Criminal,Domestic Violence,Cheque Bounce,Property,

Get Advice
Advocate Pawan Kalia

Advocate Pawan Kalia

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Cyber Crime, Divorce, Criminal, Documentation, High Court, Domestic Violence, Family, Labour & Service, Landlord & Tenant, Motor Accident, R.T.I, Property, Recovery, Revenue

Get Advice
Advocate Duvvala Rajashekar

Advocate Duvvala Rajashekar

Anticipatory Bail, Banking & Finance, Cheque Bounce, Child Custody, Civil, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Landlord & Tenant, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate, Wills Trusts

Get Advice
Advocate Vishnu Solanke

Advocate Vishnu Solanke

Banking & Finance, Cheque Bounce, Criminal, Cyber Crime, Domestic Violence, Family, Property, Anticipatory Bail, Civil, Divorce

Get Advice
Advocate Puneet Kumar Srivastava

Advocate Puneet Kumar Srivastava

Criminal, Family, GST, Civil, Cheque Bounce, Consumer Court, Court Marriage, Child Custody, Domestic Violence, Labour & Service, Succession Certificate, Revenue

Get Advice
Advocate Anoop Kumar Pandey

Advocate Anoop Kumar Pandey

Anticipatory Bail, Arbitration, Cheque Bounce, Civil, Criminal, Cyber Crime, GST, Family, High Court, Insurance, Labour & Service, Landlord & Tenant, Muslim Law, Property, Tax, Trademark & Copyright, Revenue

Get Advice
Advocate Ravi Swarnkar

Advocate Ravi Swarnkar

Anticipatory Bail, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Landlord & Tenant, Property, Wills Trusts, Revenue

Get Advice
Advocate Venkat Malli

Advocate Venkat Malli

Anticipatory Bail, Arbitration, 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

Cheque Bounce Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.