Legal Question in Criminal Law in India

138 of CRPC cheque return

In case of a cheque returned, is the signatory is held responsible or the entire directors are held responsible? In court whether the signatory will be held convicted or the entire board? WHat is the maximum sentence against a cheque return case?


Asked on 3/14/09, 10:44 pm

4 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: 138 of CRPC cheque return

In normal course, only the signatory are liable; however, if you could establish that other Directors were actively involved in the business of the company, they may also be held liable; Besides, the company may also be held liable and punished by way of fine.

You should focus on recovery of your money, if any.

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Answered on 3/15/09, 7:38 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: 138 of CRPC cheque return

138 is of Negotiable instruments act. Signatory is liable. Kindly settle the matter.

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Answered on 3/15/09, 9:19 am
Pranav Desai PD Legal & Associates

Re: 138 of CRPC cheque return

All the directors of the company who are managing day to day affairs of the company.

The maxiumum punishment is 2 years of imprisonment or fine or both

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Answered on 3/15/09, 1:48 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: 138 of CRPC cheque return

Depends on the facts. Maximum sentence is 2 yeas.

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Answered on 3/15/09, 1:31 am


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