Section 138 — Dishonour of cheque for insufficiency of funds

Negotiable Instruments Act, 1881

Text

Where any cheque drawn by a person for the discharge of any debt or liability is returned by the bank unpaid because of insufficiency of funds, such person shall be deemed to have committed an offence, provided the cheque was presented within its validity and a demand notice was issued within 30 days of dishonour and the drawer failed to pay within 15 days of the notice.

In simple terms

If a cheque bounces for lack of funds, it is a criminal offence — but only if you present it on time, send a demand notice within 30 days, and the drawer does not pay within 15 days of the notice.

Punishment

Imprisonment up to 2 years, or fine up to twice the cheque amount, or both.