Section 138 Cheque Bounce Case — How to Defend Yourself Legally 2026
What is a Section 138 Cheque Bounce Case? When a cheque is dishonoured by a bank due to insufficient funds or any other reason — the person who issued the cheque commits an offence under Section 138 of the Negotiable Instruments Act (NIA). This is a criminal offence punishable with imprisonment up to 2 years, fine up to double the cheque amount, or both. However — if a cheque bounce complaint has been filed against you — you have strong legal defences available. This guide explains everything you need to know. Why Do Cheques Bounce? Cheques get dishonoured for various reasons: - Insufficient funds in account - Signature mismatch - Account closed or frozen - Cheque date expired (stale cheque — older than 3 months) - Amount in words and figures differ - Payment stopped by account holder Not all dishonoured cheques automatically lead to criminal liability. The law requires specific conditions to be met before Section 138 applies. Condit...