Bombay HC · JUL 2026
Legal intelligence page · Statute
Section 138, Negotiable Instruments Act, 1881
Dishonour of cheque for insufficiency of funds. This page tracks every judgment, amendment and regulatory development the platform indexes under Section 138, updated automatically as new content is published.
Judgments indexed
1,284Supreme Court
96Last updated
TodayOverview
Section 138 makes the dishonour of a cheque for insufficiency of funds a criminal offence, subject to conditions on notice and the period of limitation. Litigation under the provision forms one of the largest categories of pending criminal matters in India, and appellate courts have repeatedly addressed the interaction between the statutory presumption under Section 139 and the accused's rebuttal burden.
Statutory text — extract
Where any cheque drawn by a person on an account maintained by him is returned by the bank unpaid, either because of insufficiency of funds or because it exceeds the amount arranged to be paid, such person shall be deemed to have committed an offence.
Read the full section on India Code →Latest Supreme Court Judgments
04 AUG 2026
Complaint against directors requires specific averments on their role
21 JUL 2026
Presumption under Section 139 is rebuttable on a preponderance of probabilities
09 JUN 2026
Interim compensation under Section 143A is discretionary, not automatic
High Court Developments
Madras HC · JUN 2026