A cheque given to repay a loan or pay a bill comes back from the bank marked "insufficient funds" or "payment stopped". The next question is nearly always the same: what can the person who received it actually do? This article explains, for readers anywhere in India, how a cheque bounce complaint works under the Negotiable Instruments Act, 1881. It is a central law, so the basic steps are the same in every state. It is not one of the laws replaced in 2024, so the Bharatiya Nyaya Sanhita does not change these steps. Why a bounced cheque can become a criminal case Section 138 of the Act treats the return of a cheque unpaid, for lack of funds or because it exceeds the arrangement with the bank, as an offence by the person who drew it. The cheque must have been given to repay a legally enforceable debt or liability. The punishment can be imprisonment of up to two years, a fine of up to twice the cheque amount, or both. In practice, most cases end in settlement a...
Many people ask the same worried question: if a husband stops supporting his wife, or grown children neglect elderly parents, can a court order monthly maintenance? In many situations the answer is yes. The main criminal-court remedy is Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced Section 125 of the Code of Criminal Procedure from 1 July 2024. This article explains that remedy in plain terms. It is a central law and applies across religions. Other remedies under personal laws and the Domestic Violence Act exist but are not covered here. Who can claim under Section 144 BNSS A first-class Magistrate can order a person who has enough means, but neglects or refuses to maintain certain dependants, to pay a monthly allowance. The dependants listed are a wife who cannot maintain herself, a child (legitimate or illegitimate, married or not) who cannot maintain itself, an adult child with a physical or mental abnormality or injury, and a father or m...