Law4u - Made in India

How are cheque bounce cases against public sector companies handled?

27-Mar-2025
Cheque Bounce

Answer By law4u team

Cheque bounce cases against public sector companies (PSUs) in India are handled under the Negotiable Instruments Act, 1881 (Section 138), but with some key differences due to their government ownership. 1. Liability of a Public Sector Company (PSU) in Cheque Bounce Cases A PSU is treated as a juristic person, meaning it can be sued under Section 138 of the Negotiable Instruments Act for dishonored cheques. The complaint is filed against the company and its responsible officers (e.g., Managing Director, Finance Head, or authorized signatories). 2. Filing a Case Against a PSU A legal notice must be sent within 30 days of the cheque dishonor. The PSU has 15 days to make the payment after receiving the notice. If no payment is made, a complaint can be filed in the Magistrate’s Court within 30 days after the notice period ends. 3. Who is Liable in a PSU? In private companies, directors are held responsible, but for public sector companies, only officers directly responsible for issuing the cheque can be prosecuted. A government officer cannot be personally liable unless they acted with fraudulent intent. 4. Special Protection for Public Sector Officials No vicarious liability: Unlike private companies, all government officers are not automatically liable—only those who signed the cheque or authorized the payment. Sanction under Section 197 CrPC: If the accused officer is a public servant, prosecution may require government approval. 5. Possible Defenses for PSUs in Cheque Bounce Cases Lack of personal liability for government officials. The cheque was issued without authorization. No fraudulent intent—delay in funds due to government procedures. Financial constraints or government policy restrictions. 6. Penalties and Consequences If convicted, the PSU may face a fine up to twice the cheque amount and may have to pay the due amount to the complainant. The responsible official may face imprisonment up to 2 years or a fine unless they prove they were not personally responsible.

Answer By Ayantika Mondal

Dear Client, Section 138 of the Negotiable Instruments Act, 1881 governs cheque bounce cases against public sector companies, same as it does any other cheque bounce case in India. In an event where a cheque issued by a public sector company bounces, the payee must send a legal notice demanding payment within 30 days of the cheque being dishonoured. After this, if the company does not pay the amount within 15 days of receiving such notice, a criminal complaint can be filed against the company. This complaint is filed under Section 138. The company along with its responsible officers may be prosecuted during this case. However, only the members of the company directly involved in the transactions related to the dishonoured cheque are punished. If the members are found guilty, then the court can even punish them with imprisonment, alongside repayment or fines. I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.

Cheque Bounce Verified Advocates

Get expert legal advice instantly.

Advocate M Chinna

Advocate M Chinna

Anticipatory Bail, Arbitration, 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, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, NCLT, Property, Recovery, RERA, Succession Certificate, Supreme Court, Revenue

Get Advice
Advocate Praveen Kumar Pandey

Advocate Praveen Kumar Pandey

Cheque Bounce, Civil, Criminal, Divorce, Domestic Violence

Get Advice
Advocate A Swaminathan

Advocate A Swaminathan

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

Get Advice
Advocate Kanun Rabadia

Advocate Kanun Rabadia

Arbitration, Cheque Bounce, Breach of Contract, Landlord & Tenant, Consumer Court, Civil, Recovery, Wills Trusts, Property, Documentation, Corporate, Labour & Service, Insurance

Get Advice
Advocate R V Bhalgariya

Advocate R V Bhalgariya

Anticipatory Bail, Breach of Contract, Civil, Criminal, Cheque Bounce, Domestic Violence, Cyber Crime, Family, High Court, Succession Certificate, Motor Accident, R.T.I, Property, Muslim Law, Divorce, Child Custody, Arbitration, Court Marriage, Consumer Court

Get Advice
Advocate Sandip Eknath Virle

Advocate Sandip Eknath Virle

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Muslim Law, RERA, Succession Certificate, Wills Trusts, Revenue

Get Advice
Advocate Pooja S Pall

Advocate Pooja S Pall

Anticipatory Bail, Breach of Contract, Cheque Bounce, Customs & Central Excise, Criminal, Domestic Violence, High Court, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Property, Succession Certificate, Supreme Court, Consumer Court, Recovery

Get Advice
Advocate Dr Nayum Husain

Advocate Dr Nayum Husain

Anticipatory Bail, Breach of Contract, Cheque Bounce, Civil, Court Marriage, Customs & Central Excise, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Motor Accident, Muslim Law, Supreme Court, Revenue

Get Advice
Advocate Mukeshh Toor

Advocate Mukeshh Toor

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

Get Advice
Advocate Rajat Prasad

Advocate Rajat Prasad

Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Consumer Court, Corporate, Criminal, Cyber Crime, Domestic Violence, High Court, Insurance, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, R.T.I, Startup, Supreme Court, Trademark & Copyright, Documentation, Armed Forces Tribunal, Wills Trusts, Property, Tax, Immigration, Divorce, International Law, Patent, Recovery, Civil, Banking & Finance, GST

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.