Section 138 Negotiable Instruments Act 1881 (NI Act): Cheque Bounce or Dishonor of Cheque

हिंदी में पढ़ें
June 06, 2019
By Advocate Chikirsha Mohanty



In case of a Dishonour of Cheque, one can send a legal notice and follow the legal procedure in order get the cheque honoured. For this you will need the help of a cheque bounce lawyer.

Section 138 of the Negotiable Instruments Act, 1881 deals with dishonour of Cheque. The same has been produced below.
 

Dishonour of cheque for insufficiency, etc., of funds in the account. —


Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for [a term which may be extended to two years], or with fine which may extend to twice the amount of the cheque, or with both: Provided that nothing contained in this section shall apply unless—
 

Consult : Top Cheque Bounce Lawyers in India 


(a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier;
(b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice in writing, to the drawer of the cheque, [within thirty days] of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and
(c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice.

Explanation.— For the purposes of this section, “debt or other liability” means a legally enforceable debt or other liability.]


Consult : Top Cheque Bounce Lawyers in India 



 

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June 06, 2019 Section 138 Negotiable Instruments Act 1881 (NI Act): Cheque Bounce or Dishonor of Cheque https://lawrato.com/assets/images/lawguide.png
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My cheque bounced 2 months back. What legal action can I take?

Amrita on May 03, 2019
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can I file a cheque bounce case for cheque received as security?

Anurag on May 31, 2019
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I want to contact cheque bunce lawyer. Please share details.

Ankur on May 19, 2019
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is it necessary to send a legal notice through lawyer in cheque bounce matters?

Chandan on May 12, 2019
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Whether criminal and civil case can be filed simultaneously for cheque bounce?

Renu on May 03, 2019
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I have a case. Who can I contact?

Madhavi on May 31, 2019
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nicely explained. Thanks fro the information

Khushboo on May 16, 2019
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thank you for the information

Dipak on May 06, 2019
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thanks for the information

Sudha on Jun 08, 2019
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Very good work with the article. Gave a nice clarity about the subject.

Chandra on May 16, 2019
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thanks for the information

Sheetal on Jun 11, 2019
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can you share your helpline number

Shruti on May 02, 2019
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needed more information. Where to call?

Amit on May 24, 2019
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very informative. Can you tell more about this

Anu on Jun 05, 2019
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nice article

Aparna on Jun 06, 2019
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Good work with the article. Solved all my legal queries. Regards.

Rahul on May 01, 2019
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I want to know more about this law. Good work

Anuj on May 07, 2019
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Very good article

Jitendra on Jun 02, 2019
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good article and easy to understand

Sridhar on May 02, 2019
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amazing article

Harish on Jun 02, 2019
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I have legal query. Who can I call?

Manjula on Jun 01, 2019
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helpful in understanding the law

Piyush on May 16, 2019
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very helpful

Sushil on Jun 10, 2019
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very good article. Good writing

Kalpana on Jun 06, 2019
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nicely written

Akhil on Jun 08, 2019

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