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Banking Basics

Cheque Dishonour under Section 138, NI Act

Conditions for an offence under Section 138 of the Negotiable Instruments Act, 1881, timelines, penalty and interim compensation.

Key points

  • Section 138 makes dishonour of a cheque for insufficient funds or for exceeding the arrangement a criminal offence.
  • The cheque must be presented within 3 months of its date (its validity period).
  • The payee must send a written demand notice within 30 days of learning of the dishonour.
  • The drawer then gets 15 days to pay; the complaint must be filed within 1 month after that.
  • Punishment: imprisonment up to 2 years, or fine up to twice the cheque amount, or both.

Why this section matters to bankers

Branch staff handle returned cheques every day. The return memo the bank issues – with the exact reason – is the key evidence in a Section 138 case, so it must be accurate, complete and issued promptly.

Ingredients of the offence

  1. A cheque is drawn by a person on an account maintained by them with a bank.
  2. It is issued for discharge, in whole or part, of a legally enforceable debt or liability.
  3. It is presented within its period of validity (three months from its date).
  4. It is returned unpaid because the amount in the account is insufficient, or it exceeds the amount arranged to be paid from the account.
  5. The payee or holder in due course gives a written notice demanding payment within 30 days of receiving information of the dishonour from the bank.
  6. The drawer fails to pay within 15 days of receiving the notice.

Timeline at a glance

StepTime limit
Presentation of chequeWithin 3 months of the date of the cheque
Demand notice by payeeWithin 30 days of receiving the return memo
Payment by drawerWithin 15 days of receiving the notice
Filing of complaint (Section 142)Within 1 month from the date the cause of action arises (i.e. after the 15 days expire); the court may condone delay for sufficient cause

Penalty and related provisions

  • Section 138: imprisonment up to two years, or fine up to twice the cheque amount, or both.
  • Section 139: the court presumes, unless the contrary is proved, that the holder received the cheque for discharge of a debt or liability.
  • Section 141: where the drawer is a company, every person in charge of and responsible for its business at the time can also be held liable.
  • Section 143A (2018 amendment): the trial court may order the drawer to pay interim compensation of up to 20% of the cheque amount.
  • Section 148: in an appeal against conviction, the appellate court may order deposit of at least 20% of the fine or compensation.
  • Offences under the Act are compoundable (Section 147).
Exam tip: "Account closed", "Payment stopped by drawer" and "Refer to drawer" returns can also attract Section 138 if the underlying debt is proved – courts have held that the substance of the dishonour matters, not just the words on the return memo.

What the branch must do

  • Issue a return memo with the correct reason and date.
  • Preserve records of the account and the returned instrument; banks are often summoned to produce them.
  • Follow RBI instructions on frequent dishonour: for cheques of ₹1 crore and above dishonoured four times in a financial year, the bank should stop issuing fresh cheque books and may close the account at its discretion.

Last verified: 29 October 2026. Rules change from time to time; always confirm with the latest RBI / Government notification before relying on a figure. Source: Negotiable Instruments Act, 1881 (Sections 138–148); RBI Master Circular on Customer Service.