Difference Between Criminal and Civil Remedies in Cheque Bounce

Learn how cheque bounce cases can be tackled through both criminal prosecution and civil recovery.

Advocate Harshit Sachar

8/6/20251 min read

A bounced cheque gives rise to both criminal and civil remedies. The criminal remedy under Section 138 of the Negotiable Instruments Act punishes the drawer with imprisonment up to two years or fine. Civil remedy, often under Order 37 CPC or summary suit, helps recover the cheque amount. The criminal case deters future misuse, while the civil suit ensures monetary recovery. Victims often pursue both simultaneously to maximize impact. However, criminal cases require more stringent proof like proper legal notice and adherence to timelines.