Introduction of 138 IPC
What is IPC Section 138 ?
IPC 138 makes it a criminal offense if a cheque issued by someone bounces due to insufficient funds in their bank account. This law aims to ensure that cheques remain a reliable method of payment and provides a legal mechanism for the person who received the cheque to recover their money.
IPC Section 138 Overview
IPC 138 makes it a criminal offense to issue a cheque that bounces due to insufficient funds in the account. It aims to protect people who receive cheques by making it easier to recover their money.
8 Key Points of IPC 138:
- Cheque Bouncing:
- Deals with dishonored cheques due to insufficient funds or when the amount exceeds the arrangement made with the bank.
- Legal Recourse:
- Provides a legal way for payees to recover the money owed to them when a cheque bounces.
- Time-Bound Process:
- Sets specific deadlines for sending notices and filing complaints to ensure timely resolution of cases.
- Intention to Pay:
- Focuses on the drawer’s promise to pay, ensuring that issuing cheques without sufficient funds is treated seriously.
- Liability Creation:
- Makes cheque bouncing a criminal offense, holding the drawer accountable for not honoring the payment.
- Compoundable Nature:
- Allows for out-of-court settlements, giving the parties an option to resolve the matter amicably.
- Strict Penalties:
- Imposes fines and potential imprisonment to deter individuals from issuing cheques without sufficient funds.
- Wide Application:
- Covers various types of cheque payments, ensuring protection across different scenarios where cheques are used.
IPC 138 Punishment
Imprisonment up to 2 years, orFine which can be twice the amount of the cheque, orBoth imprisonment and fine
138 IPC bailable or not ?
Offenses under IPC 138 are bailable. This means the accused can get bail as a matter of right, either from the police or the court.
Section 138 IPC case laws
Section 138 IPC in short information
| Offense | Definition | Punishment | Bailable? |
|---|---|---|---|
| IPC 138 | Dishonor of cheque for insufficiency of funds | Up to 2 years imprisonment and/or fine up to twice the cheque amount | Bailable |
138 IPC FAQs
If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
Court or any other marriage-related issues, our https://marriagesolution.in/lawyer-help-1/ website may prove helpful. By completing our enquiry form and submitting it online, we can provide customized guidance to navigate through the process effectively. Don’t hesitate to contact us for personalized solutions; we are here to assist you whenever necessary!