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

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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 8
[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 tank within a period of six months from the date on which itis 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, 9 [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.

1. Subs. by Act 3 of 1951, s. 3 and the sch. for “the states”.
2. Subs. by the A.O. 1948, A.O. 1950 and the Act 3 of 1951, s. 3 and the Sch. for “out of British India”.
3. Subs. by s. 3, ibid., for “law of British India” .
4. Subs. by s. 3, ibid., for “in British India”.
5. The words “or the State of Jammu and Kashmir” omitted by Act 62 of 1956, s. 2 and the Sch.
6. Subs. by the A.O. 1948, A.O. 1950 and the Act 3 of 1951, s. 3 and the Sch. for “British India”.
7. Ins. by Act 66 of 1988, s, 4 (w.e.f. 1-4-1989).
8. Subs. by Act 55 of 2002, s.7, for certain words (w.e.f. 6-2-2003).
9. Subs. by s. 7, ibid., for “within fifteen days” (w.e.f. 6-2-2003).

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