The Negotiable Instruments Act, 1881 · Ch. XVII — OF PENALTIES IN CASE OF DISHONOUR OF CERTAIN CHEQUES FOR INSUFFICIENCY OF FUNDS IN THE ACCOUNTS
It shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque of the nature referred to in section138 for the discharge, in whole or in part, of any debt or other liability.
Sections of the NI are not classified one by one by any First Schedule. Part II of the First Schedule to the BNSS classifies offences under every other law by the punishment they carry — and the CRPC’s First Schedule sets out the same three bands.
If punishable with death, imprisonment for life, or imprisonment for more than 7 years.
If punishable with imprisonment for 3 years and upwards but not more than 7 years.
If punishable with imprisonment for less than 3 years or with fine only.
Read it against the punishment in the section above. Vidhara does not place a section in a band for you — that turns on the exact wording of its punishment, which is the section’s to say and not ours.
And a special or local law may provide otherwise: see BNSS section 5, which saves any special jurisdiction, power or procedure another law lays down.
Source & version
Official text: India Code (official) ↗
Official India Code text: The Negotiable Instruments Act, 1881 (26 of 1881), English PDF (bitstream 123456789/15327/1/negotiable_instruments_act,_1881.pdf, 681,124 bytes, sha256 50fe22a1…) fetched directly from indiacode.nic.in (Akamai edge, DNS via dns.google) on 2026-07-29. Extracted via pdftotext 26.07 -bbox and @nexlex/ingest gazette parser. Automated parse; footnotes/amendment history excluded; spot-verified (s. 138 cheque dishonour); full clause-level proofread pending.
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