Cheque bounce case

The punishment for a cheque bounce in India is as follows:

1. Criminal Proceedings:

   • The drawer of a bounced cheque can face imprisonment for up to 1 year.
   • Additionally, a fine may be imposed, which could be twice the amount mentioned in the cheque or both12.

2. Civil Proceedings:

   • The payee (recipient of the bounced cheque) can also initiate civil proceedings against the drawer.
   • However, it’s important to note that the payee cannot issue a notification of cheque bounce if a civil lawsuit has already been filed3.

Remember that the Negotiable Instruments Act, 1881, governs the rules related to cheque bounce, and it’s essential to handle financial transactions carefully to avoid such situations. If you find yourself dealing with a bounced cheque, consider seeking legal advice promptly. 

He sentenced  two times or at a time in different cases of different states 

If your friend is found guilty of the offences charged against him by both the courts then he may have to face conviction and sentences as passed by both the courts.

He may have to undergo imprisonment by the court sentencing first and after that he may have to undergo imprisonment in the other state.

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In cheque bounce case After completion of imprisonment by the court order what happens to financial liability ? Whether it is still existed or closed?

it still exists, if he is from nellore, he can meet me

To my knowledge, imprisonment is up to two years

Dear Brahma,

Thank you for your query! I am Aadil and I will try to answer your question.

The short answer to your query is YES. He can be imprisoned or fined or both.

Cheque bounce cases in India are governed by the Negotiable Instruments Act, 1881, under its Section 138. As per the same, a cheque bounce case is filed when a cheque drawn by a payee for the purpose of fulfilling any debt or liability is returned by the bank unpaid due to insufficient funds in the account or because it exceeded the amount that was agreed to be paid by the bank as per an arrangement with the drawee.

Punishment for the same are as follows: 

1. Imprisonment (Which may extend to two years)

2. Fine (Which may extend to twice the amount of the cheque)

Or both.

It must also be noted that as per Section 140 of the same Act, the fact that the drawer had no reason to believe that the cheque may be dishonoured on presentment for the above reasons shall not be considered a defence.

I hope this helps. Thank you for your time and patience!

Regards,

Aadil