Cheque bouncing

Advocate M J (Querist) 12 April 2014 This query is : Resolved
Respected learned members,

Is cheque bouncing a criminal offense U/s 138, is it punishable under criminal law, if so please advise.

Thanking you,
Mary joan

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Devajyoti Barman (Expert) 12 April 2014
Yes, case u/s 420 IPC also lies on the same cause of action.

adv. rajeev ( rajoo ) (Expert) 12 April 2014
Yes it is punishable

Guest (Expert) 12 April 2014
Mr. Advocate M J,

In my views the offence under sec. 138 can be treated as civil as well as criminal in nature depending upon the characteristic and circumstances of the offence. When case is filed under single section of 138 merely for recovery point of view that can merely be a civil case, provided judge does not take any serious view of the offence and considers that worth imposing a punishment of imprisonment to the offender.

So, when the offence attracts improsinment that can take shape of a criminal offence. But when sec.138 of the NIA is associated with sec.420 of IPC, as a matter of cheating and fraud, that definitely becomes a criminal case.

So, in other words, we can treat offence under sec.138 as semi criminal in nature. Criminality in the case depends solely on the gravity of offence.