cpc

cheque bounce query

consultant

Hi,

I have a very basic question, padon my ignorance in advance.

  

(1)  On which conditions, a cheque can be bounced and thus attracts criminal IPC sections, i.e. 138 NIA ?

        (1a) signature mismatch?

        (1b) unsufficient balance?

        (1c) stop payment?

   

(2) How old (i.e. 3 months, 6 months, year or ? ) cheque can be bounced attracting criminal IPC sections ?

 

Thanks in advance

Regards

   

 
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lawyer

validity of cheque is only 3 months . you have to present it within period of 3 months . if cheque has been returned dishonoured on grounds of insufficent funds complaint under 138 Ni would be maintanable . if there is signature mis match  and cheque has bounced then after issue of notice drawer fails to make payment  within period of 15 days  then 138 Ni would be attracted .

 
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{1}         Cheque bounced due to asked  reasons  attracts offence u/s 138 of N.I.Act.Please go through the recent                  judgment of Supreme Court, 

            M/S Laxmi Dyechem vs State Of gujarat & Ors,decided on 27.11.2012

{2}        validity period of cheque is 3 months from the date of its issuance,after that cheque can not be used.

 
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ADVOCATE sardarsena@gmail.com

Now the SC says in many recent judgments that cheque bounced due to any reason is offense. However with proper tactics you can contest the case in lower courts and can come out of it.

 
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Advocate High Court of A.P.

 

Section 138 of Negotiable Instruments Act, 1881  Offence of dishonour of cheque as mentioned u/s. 138 of the Act is considered as a criminal offence.

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 provision of this Act, be punished with imprisonment for a term which may extend to one year, 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-

 

(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 fifteen 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.

 
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