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Practice Area · Section 138, NI Act

Cheque Bounce

Section 138 complaints and defence under the Negotiable Instruments Act — from the statutory notice through trial and recovery.

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Overview

A dishonoured cheque triggers a strict statutory timeline: a demand notice within 30 days of the bounce memo, followed by a complaint if payment isn't made within 15 days of that notice. Missing these windows can be fatal to a claim, so speed matters.

Adv. Ashutosh Hans handles both sides of Section 138 matters — pursuing complaints for unpaid cheques, and defending clients accused of issuing a bounced cheque — before the District & Sessions Court, Gurugram.

What this covers

  • Statutory demand notices for dishonoured cheques
  • Filing of Section 138 complaints within limitation
  • Defence against Section 138 complaints
  • Compounding and settlement negotiations
  • Execution and recovery once a conviction or order is passed

How the matter is handled

  1. Cheque & bank memo review

    The cheque, dishonour memo and underlying transaction are reviewed for the notice deadline.

  2. Demand notice

    A statutory notice is issued within the timeline required under Section 138.

  3. Complaint filing

    If payment isn't made, the complaint is filed within the limitation period.

  4. Trial & recovery

    The matter is pursued through trial, with compounding considered where it serves you.

Frequently asked

How much time do I have after a cheque bounces? +
A demand notice must be sent within 30 days of receiving the bank's dishonour memo. If payment isn't made within 15 days of that notice, a complaint can be filed within 30 days after that. These deadlines are strict — call promptly.
What if I'm the one accused of issuing a bounced cheque? +
There are established defences depending on the facts — such as the cheque being issued for a different purpose or under coercion. These are assessed on your specific facts before filing a reply or appearing in court.
Can a cheque bounce case be settled instead of going to trial? +
Yes — compounding is common in Section 138 matters and is usually the faster route to recovering the amount, where the other side is willing to pay.

Chamber No. 146, SBS Block, District & Sessions Court, Gurugram.

Call 084479 53090