Cheque BounceSection 138, The Negotiable Instruments Act, 1881

Section 138 NI Act

What happens if my cheque bounces because I don’t have enough money?

Short answer

If your cheque bounces for insufficient funds, you can be prosecuted and may face up to two years in jail, a fine up to twice the cheque amount, or both, provided certain steps are followed.

In detail

If a cheque you wrote is returned unpaid because there isn’t enough money in your account or because it exceeds a pre‑arranged limit, you can be treated as having committed a criminal offence. The law says this will only apply if three conditions are met. First, the cheque must be presented to the bank within six months of its date or before it expires, whichever comes first. Second, the person who received the cheque must send you a written demand for payment within 30 days after the bank tells them the cheque was unpaid. Third, you must not settle the amount within 15 days after receiving that notice. If all these steps occur, you may be sentenced to up to two years in prison, fined up to twice the cheque’s value, or both. The penalty is in addition to any other civil actions the payee might take to recover the money.

Reviewed by LegalX Editorial · 3 September 2026View sourcePowered by IKanoon

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Not legal advice. This is general legal information, not legal advice. Laws change and every case turns on its own facts — speak to a lawyer about your situation.

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