Section 138: Dishonour of cheque for insufficiency, etc., of funds in the account

Official Bare Act
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 provisions of this Act, be punished with imprisonment for a term which may be extended to two years, or with fine which may extend to twice the amount of the cheque, or with both.

Plain English Explanation

If you give someone a cheque to pay off a debt, and it bounces because you don't have enough money in your account, it is a criminal offence. You can be jailed for up to 2 years or fined double the cheque amount.

Quick Facts

  • Punishment Up to 2 years imprisonment or fine up to twice the cheque amount
  • Bailable Yes, Bailable
  • Cognizable Non-Cognizable

Facing issues related to Section 138?

Connect with top lawyers who handle these specific cases.

Find Lawyers