Yes, cheque bounce is a criminal offence for deliberate wilful reasons as stated above and as per section 138 of Negotiable Instruments Act, the drawer/signatory of the dishonoured cheque can be punished with an imprisonment for a term which may extend to two years, or with the fine which may extend to double of the amount of the dishonoured cheque, or with both.
CAN I GET ARRESTED FOR A CHEQUE BOUNCE CASE IN INDIA?
Though the cheque bounce case is a bailable offence under section 138 N.I. Act meaning thereby that Court is bound to release the drawer/accused on furnishing bail subject to the satisfaction of the terms & conditions set by the court, yet the accused/drawer can be arrested by Police Officers on issuance of Non-Bailable Warrants (NBW) by the Court during the pendency of the case. The Court can issue such warrants of arrest in case the accused found to be deliberately avoiding the proceedings of the court or disobeying the orders of the Court including defying terms of the bail.
HOW TO COLLECT BOUNCED CHEQUE FROM BANK?
The bank where the cheque is presented for clearance, immediately notifies the account holder about the dishonour of the cheque through SMS on registered mobile number and/or registered Email and upon receipt of such information, the drawer may either personally visit the concerned Bank officials for the collection of the bounced cheque with return memo or may request for sending the same through Post/Courier at his address.
