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Bounce Check Penalty

In India, a bounced cheque is a criminal offense under Section 138 of the Negotiable Instruments Act, 1881. As of 2026, legal framework has become increasingly stringent to protect interests of payees and maintain sanctity of financial transactions.

If you have issued a cheque that was dishonoured, or if you are holding one that has bounced, here is everything you need to know about penalties and legal process.

1. Legal Penalties

Under Section 138, if a court finds a person guilty of intentionally issuing a cheque that bounces due to insufficient funds or for exceeding arrangement with bank, the following penalties apply:

Additional Consequences

2. Legal Procedure

A cheque bounce does not automatically lead to jail. The law provides a specific window for drawer to rectify mistake:

  1. Cheque Return Memo: When cheque bounces, the bank issues a “Return Memo” to the payee stating the reason (e.g., “Insufficient Funds”).

  2. Statutory Demand Notice: Payee must send a formal legal notice to the drawer within 30 days of receiving Return Memo.

  3. 15-Day Grace Period: Drawer has 15 days from the receipt of this notice to pay the amount. If payment is made within this window, no criminal offense is committed.

  4. Filing a Complaint: If drawer fails to pay within 15 days, payee can file a criminal complaint in Magistrate’s Court within 30 days of expiry of grace period.

3. Interim Relief

To prevent drawers from using long trial delays to avoid payment, recent amendments have introduced Section 143A:

4. When does Section 138 NOT apply?

It is important to note that not every bounced cheque leads to a criminal case. Law does not apply if:

Summary 

Action Time Limit
Notice to Drawer Within 30 days of bounce
Payment by Drawer Within 15 days of notice receipt
Filing Court Case Within 30 days after 15-day period ends
Interim Payment Up to 20% of cheque amount (if ordered)

Note: Dealing with a cheque bounce case is time-sensitive. Missing a deadline by even a single day can result in case being dismissed or right to sue being lost.

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