Criminal procedure 7 min read

Cheque Bounce Cases: Section 138 NI Act Explained

The complete process for a cheque dishonour case — legal notice within 30 days, the 15-day payment window, filing the complaint, and possible punishment.

What Section 138 covers

Section 138 of the Negotiable Instruments Act, 1881 makes it a criminal offence when a cheque is dishonoured for insufficient funds (or because it exceeds the arranged overdraft). It applies only where the cheque was issued to discharge a legally enforceable debt or liability — not for gifts or donations.

The strict timeline you must follow

Cheque bounce cases run on deadlines. Missing one can defeat the case:

  • Present the cheque within its validity period (3 months from the date on the cheque).
  • Send a written demand notice to the drawer within 30 days of receiving the bank's dishonour memo.
  • The drawer then has 15 days from receiving the notice to pay.
  • If payment is not made, file the criminal complaint within one month after the 15-day window ends.

Punishment and compounding

On conviction, the drawer can face imprisonment of up to two years, a fine of up to twice the cheque amount, or both. The offence is compoundable — the parties can settle, and courts actively encourage settlement at every stage.

Civil remedies in parallel

A Section 138 prosecution punishes the offence; it does not itself recover your money. You can simultaneously file a civil suit for recovery (or a summary suit under Order XXXVII CPC) to actually collect the amount due.

Want the exact statute text? Browse the related Acts in our Bare Acts library.

Disclaimer: This guide is general information about Indian law, not legal advice. Statutes are amended and facts differ — consult a licensed advocate before acting on it.

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