Dishonour of cheque for insufficiency of funds
Creates the cheque dishonour offence subject to mandatory notice and other statutory requirements.
Official law source ↗Commercial & consumer · LEGAL ISSUE GUIDE
Cheque Bounce / NI Act 138
चेक बाउंस
Search statutory provisions on dishonoured cheques, notice, complaint and related presumptions.
Understanding this legal issue
Search statutory provisions on dishonoured cheques, notice, complaint and related presumptions.
Notice, payment opportunity, cheque validity and complaint timing are statutory and highly date-sensitive. Section 138 uses its own legal timetable; do not replace it with an ordinary limitation estimate.
Key question: When was the bank return information received and demand notice served?
SELECTED PROVISIONS · NOT AN EXHAUSTIVE LIST
Core offence
Complaint & procedure
Cognizance of offences
Conditions for taking cognizance, including complaint requirements.
Official law source ↗Presumption in favour of holder
Statutory presumption relating to discharge of debt or liability, subject to rebuttal.
Official law source ↗Offences by companies
Addresses responsibility for NI Act offences committed by companies.
Official law source ↗Relief & appeal
Power to direct interim compensation
Provides a court power for interim compensation in specified Section 138 proceedings.
Official law source ↗Appellate court may order deposit pending appeal
Provides for deposit orders in specified appeals against Section 138 conviction.
Official law source ↗Timing context
Bar of limitation
Prescribes dismissal of proceedings instituted after limitation, subject to the Act.
Official law source ↗Before relying on these references: Read the full official law, check sub-sections, schedules, exemptions, dates, special Acts, transition rules and current judicial interpretation. Mentioning a section here does not mean it applies to every fact pattern.