Negotiable Instruments Act, 1881 · Chapter XVII: Of Penalties in Case of Dishonour of Certain Cheques for Insufficiency of Funds in the Accounts
Section 138: Dishonour of cheque for insufficiency, etc., of funds in the account
In plain words
If a cheque given to pay a debt or liability is returned unpaid because the account has insufficient funds or it exceeds the arranged limit, the drawer commits an offence, punishable with imprisonment up to two years, or a fine up to twice the cheque amount, or both.
- The cheque must have been presented within six months of its date or within its validity, whichever is earlier.
- The payee or holder in due course must send a written demand notice to the drawer within thirty days of learning from the bank that it was returned.
- The offence is complete only if the drawer fails to pay within fifteen days of receiving the notice.
- The debt or liability must be legally enforceable.
Example: X gives Y a cheque to repay a loan and it bounces for lack of funds. Y sends a written notice within thirty days. If X does not pay within fifteen days of receiving it, Y can file a complaint.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
[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 provision 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:
Provided that nothing contained in this section shall apply unless—
(a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier;
(b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for the payment of the said amount of money by giving a notice; in writing, to the drawer of the cheque, [within thirty days] of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and
(c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice.
Explanation.— For the purposes of this section, debt of other liability means a legally enforceable debt or other liability.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this section
Section 138 makes dishonour of a cheque, for insufficient funds or exceeding the arrangement with the bank, a criminal offence. It is one of the most litigated provisions in India. The offence is unusual: it is not complete when the cheque bounces, but only when the drawer fails to pay within fifteen days of receiving a demand notice.
Ingredients, step by step
- A cheque drawn on an account maintained by the drawer.
- Issued to discharge, wholly or partly, a legally enforceable debt or liability.
- Presented within six months of its date or within its validity, whichever is earlier.
- Returned unpaid because funds are insufficient or it exceeds the arranged amount.
- A written demand notice sent within thirty days of learning of the dishonour.
- The drawer fails to pay within fifteen days of receiving the notice.
When the offence is complete and the limitation clock
The cause of action arises when the fifteen day period after notice expires without payment. The complaint must be filed within one month of that date (section 142), though a court may condone delay for sufficient cause. A complaint filed before the fifteen days end is premature.
Legally enforceable debt
A cheque given as a gift, or for a debt that is not legally enforceable, does not attract section 138. But section 139 presumes the cheque was for a debt or liability, so the burden of showing otherwise falls on the accused.
Which court
In 2014 the Supreme Court held that the case had to be filed where the drawee bank is. Parliament reversed this in 2015: under section 142(2), the case is filed where the payee's bank branch is, if the cheque was delivered for collection through an account.
Companies and directors
If the drawer is a company, section 141 makes liable every person in charge of and responsible to the company for its business at the time. The company itself must be made an accused. Ordinary directors are liable only if the complaint specifically avers their role; the managing director and the signatory of the cheque stand on a different footing.
A compensatory offence
Courts treat section 138 as primarily compensatory. Offences are compoundable (section 147), summary trial is the norm (section 143), and courts encourage early settlement, including by closing proceedings when the cheque amount with costs and interest is paid.
Key Supreme Court rulings
Aneeta Hada v. Godfather Travels & Tours Pvt. Ltd. 2012 INSC 187
An authorised signatory of a company cannot be prosecuted under section 138 without the company itself being arraigned as an accused; liability falls primarily on the company and is extended to officers under section 141.
S.M.S. Pharmaceuticals Ltd. v. Neeta Bhalla 2005 INSC 432
Specific averments that a person was in charge of and responsible for the conduct of the company's business are necessary in the complaint; a director is not deemed liable merely by being a director, while the signatory of the cheque and the managing director stand differently.
Dashrath Rupsingh Rathod v. State of Maharashtra 2014 INSC 514
Territorial jurisdiction lay where the cheque was dishonoured by the drawee bank; this was later altered by the 2015 amendment inserting section 142(2).
Meters and Instruments Pvt. Ltd. v. Kanchan Mehta 2017 INSC 1009
Where the accused pays the cheque amount with interest and costs assessed by the court, the court may close the proceedings; summary trial is the normal rule for section 138 cases.
Damodar S. Prabhu v. Sayed Babalal H. 2010 INSC 260
Compounding under section 147 overrides section 320 of the CrPC; the compensatory aspect of the remedy is to be given priority over the punitive, and guidelines were laid down for compounding.
Common mistakes
- Filing the complaint before the fifteen day period after notice has expired.
- Prosecuting directors without the company, or without specific averments about their role.
- Using the pre-2015 rule on territorial jurisdiction.
Read with: Section 139 NI Act, Section 141 NI Act, Section 142 NI Act, Section 147 NI Act
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the section 138
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Poonam v. Dule Singh & Ors.
The High Court upheld the judgment of the trial Court by recording a finding that by failing to disclose conviction in the affidavit filed along with nomination form, there was a breach of Rule 24-A of the Madhya…
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Sankar Padam Thapa v. Vijaykumar Dineshchandra Agarwal
Whether in the absence of a Trust being made an accused in a complaint under the Negotiable Instruments Act, 1881, when a Cheque has been issued on behalf of a Trust, the said complaint would be maintainable against the…
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Sanjabij Tari v. Kishore S. Borcar & Anr.
The present appeal has been filed challenging the ex-parte judgment and order dated 16.04.2009 passed by the High Court acquitting the respondent no.1-accused u/s.138 of the Negotiable Instruments Act, 1881 and…
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Anukul Singh v. State of Uttar Pradesh and Anr.
Issue arose whether the High Court was justified in rejecting the application seeking quashing of the charge sheet as well as the consequential proceedings arising out of the FIR registered for offences punishable…
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Kaveri Plastics v. Mahdoom Bawa Bahrudeen Noorul
When the amount mentioned and demanded in the notice sent under Proviso (b) to s.138 of the Negotiable Instruments Act, 1881, to the payee or the holder in due course of the cheque, is different from the amount for…
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Mansi Brar Fernandes v. Shubha Sharma and Anr.
Whether the appellants, fall within the category of “speculative investors” so as to disentitle them from initiating proceedings u/s.7 of the IBC; whether the Ordinance/Amendment Act introducing threshold requirements…
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Il & Fs Financial Services Limited v. Adhunik Meghalaya Steels Private Limited
Whether the Tribunals below were justified in holding that the s.7 application under the IBC filed by the appellant on 15.01.2024 was barred by time; does the entry in the Balance Sheet of F.Y. 2019-20 constitute a…
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Bansal Milk Chilling Centre v. Rana Milk Food Private Ltd. & Anr.
When can amendments to complaints be allowed after cognizance is taken; whether on facts, any prejudice would be caused to the accused-respondents if the amendment to the complaint, as prayed, is allowed.
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Dhanasingh Prabhu v. Chandrasekar & Another
Whether the High Court was right in dismissing the complaint on the ground that the name of the partnership firm was not mentioned in the statutory notice issued by the appellant/complainant to the respondents u/s.138…
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HDFC Bank Limited v. State of Maharashtra and Anr.
Issue arose whether the High Court was justified in quashing the complaint insofar as respondent no.2-director of the company on the ground that necessary averments to invoke the vicarious liability against the…
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Rajendra Anant Varik v. Govind B. Prabhugaonkar
Whether the High Court was justified in reversing the judgment of the First Appellate Court acquitting the appellant-accused and setting aside his conviction u/s.138, Negotiable Instruments Act, 1881 as recorded by the…
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Visa Coke Limited v. M/s Mesco Kalinga Steel Limited
Issue arose whether the notice served by the appellant-Operational Creditor upon the Key Managerial Personnel-KMP of the respondent-Corporate Debtor at their registered office constitutes valid service of the statutory…
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S.C. Garg v. State of Uttar Pradesh & Anr.
The appellant’s petition u/s.482 of the Criminal Procedure Code, 1973 seeking quashment of Criminal Case No. 7489 of 2002 pending on the file of Chief Judicial Magistrate for offences u/s.420 of the Penal Code, 1860 was…
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M/s Celestium Financial v. A. Gnanasekaran Etc.
Issue arose as regards the maintainability of an appeal under proviso to s.372 CrPC against order of acquittal in a case instituted upon a private complaint u/s.138 Negotiable Instruments Act, by treating the…
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Ashok Singh v. State of Uttar Pradesh & Anr.
Whether the High Court erred in setting aside the concurrent findings of guilt and the consequent conviction of the respondent no.2-accused under Section 138, Negotiable Instruments Act, 1881.
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Rakesh Bhanot v. M/s. Gurdas Agro Pvt. Ltd.
Issue arose whether the proceedings initiated against the appellants u/s.138 rw s.141 of the Negotiable Instruments Act should be stayed in view of the interim moratorium u/s.96 of the Insolvency and Bankruptcy Code,…
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Rekha Sharad Ushir v. Saptashrungi Mahila Nagari Sahkari Patsansta Ltd.
Whether the complaint filed by the respondent-Credit Co-operative Society under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque allegedly issued by the appellant in favour of the…
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Vishnoo Mittal v. M/s Shakti Trading Company
Whether the High Court was justified in relying upon P. Mohan Raj case which held that the immunity granted by the moratorium order issued under Section 14, IBC can only be obtained by a Corporate Debtor and not by a…
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M/s Shri Sendhur Agro & Oil Industries v. Kotak Mahindra Bank Ltd.
Issue arose whether a complaint filed u/s.138 of the Negotiable Instruments Act, can be ordered to be transferred from one court to the other having territorial jurisdiction to try the offence in exercise of powers…
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K.S. Mehta v. M/s Morgan Securities and Credits Pvt. Ltd.
Whether the High Court was justified in dismissing the petitions filed under Section 482 CrPC for quashing of criminal proceedings.
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Saranga Anilkumar Aggarwal v. Bhavesh Dhirajlal Sheth & Ors.
Whether the execution of penalty orders passed by the NCDRC can be stayed under the interim moratorium provisions of s.96 of the Insolvency and Bankruptcy Code, 2016.
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Kamalkishor Shrigopal Taparia v. India Ener-Gen Private Limited & Anr.
Whether the High Court was justified in dismissing the petitions filed by the Appellant-an independent non-executive director under Section 482, CrPC seeking quashing of criminal proceedings initiated against him under…
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M/s Naresh Potteries v. M/s Aarti Industries and Another
Issue arose as regards whether the complaint filed by the appellant u/s. 138 of the Negotiable Instruments Act, 1881 is in accordance with the requirement u/s.142 of the NI Act.
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Daljit Singh v. State of Haryana & Anr.
Issue arose as regards the order passed by the High Court refusing to quash the complaint, summoning order and order declaring the appellant a proclaimed offender passed by the Magistrate; whether the proclaimed…
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- Smt. Kamlesh v. Shri Tejpal
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Bijoy Kumar Moni v. Paresh Manna & Anr.
The dishonoured cheque in question was signed by respondent-accused, in his capacity as Director and Authorised Signatory of the Company Shilabati Hospital Pvt. Ltd., on the account maintained by the Company with…
- Sarvesh Bisaria v. Rajesh Prasad
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Muskan Enterprises & Anr. v. The State of Punjab & Anr.
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- Sukhdev Dhawan v. Smt Pratima Neol Dass
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M/s Ajay Protech Pvt. Ltd. v. General Manager & Anr.
Issue arose as to whether the application for extension can be entertained if it is filed after the expiry of the Arbitral Tribunal’s mandate; and whether the application filed u/s.29A(4) of the Arbitration and…
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- Disha Enterprises v. J S S Interior and Exterior Pvt Ltd and Ors
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Matter pertains to the challenge to the order passed by the High Court suspending the sentence of imprisonment and the fine imposed on the accused who was convicted for embezzlement of Rs. 46 lakhs.
- Meena Devi @ Veena Devi v. State of NCT of Delhi & Anr
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Bijay Agarwal v. M/s Medilines
Whether the signatory of a cheque authorized by the Company is a drawer and whether such a signatory could be directed to deposit any sum out of the fine or compensation awarded by the trial Court u/s.148 of the…