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Cheque bounce comes under the criminal or civil offence ?

Posted by jobseeker Sparsh Bhardwaj | Approved
Answers (2)

Cheque bounce under Section 138 of the Negotiable Instruments Act is a criminal offence.
• It is criminal in nature because it involves dishonour of cheque due to insufficient funds or other reasons.
• The accused can face criminal prosecution, including imprisonment and/or fine.
• However, it is also a compoundable offence, meaning the parties can settle and withdraw the case with court approval.

Answered by jobseeker Krish Chandna | Approved

In India cheque bounce can be both comes under civil and criminal offence as it depends uopn the nature and circumstances. In Criminal Offences - it was defined in Under Section 138 of the Negotiable Instruments Act, 1881, if a cheque issued for the discharge of a debt or liability bounces due to insufficient funds, the drawer can face criminal prosecution. This may lead to imprisonment up to two years, a fine up to double the cheque amount, or both. The payee must first send a legal notice within 30 days of receiving the bank's dishonour memo and wait 15 days for payment before filing a complaint in a magistrate's court. whereas in Civil Offence - the payee can file a civil suit under Order 37 of the Civil Procedure Code, 1908, to recover the cheque amount along with interest and legal costs. This is a summary procedure, typically faster than regular civil suits. lets understand this with a example In a notable case, actor Radhika Sarathkumar and her husband were convicted in 2021 for issuing multiple dishonoured cheques to repay loans. They were sentenced to one year in jail and fined ₹3.3 crore.Thus, cheque bounce cases can lead to both criminal penalties and civil liabililtes .

Answered by jobseeker Poonam Kumari | Approved

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