Cheque Bounce Lawyer | Section 138 NI Act Expert

Key Services & Expertise

• Section 138 NI Act Lawyer: Comprehensive legal representation for filing and defending criminal complaints under Section 138.
• Statutory Notice Cheque Bounce: Drafting and serving the mandatory legal notice within the 30-day limitation period to the drawer.
• Criminal Complaint Section 138: Initiating Criminal proceedings for the dishonour of cheques due to insufficient funds.
• Cheque Bounce Defense Lawyer: Representing accused parties in contesting false claims and raising technical defenses under the NI Act.
• Recovery of Cheque Amount: Pursuing Summary Trial for swift recovery of the cheque amount plus compensation.
• Compounding of Offence under Section 138: Facilitating Cheque Bounce Settlement Negotiation and compounding of offences to resolve disputes amicably.
• Cheque Bounce Appeal: Filing appeals against conviction or acquittal orders in the Sessions Court or Punjab & Haryana High Court.
• Dishonour of Cheque: Expert handling of evidence, cross-examination, and arguments in the trial court.

What to do if a cheque bounces?

If a cheque issued to you has been dishonoured by the bank, immediate action is crucial. We advise the following steps:

1. Collect Bank Memo: Obtain the "Cheque Return Memo" from your bank stating the reason for dishonour (e.g., "Funds Insufficient").
2. Send Legal Notice: You must send a Legal Notice for Dishonoured Cheque to the drawer within 30 days of receiving the bank memo. This notice must demand payment of the cheque amount within 15 days.
3. Wait for 15 Days: The drawer has 15 days to make the payment. If they fail to pay, the cause of action arises.
4. File Complaint: You must file a criminal complaint under Section 138 before the Magistrate within 30 days after the expiry of the 15-day notice period.

Missing these strict timelines can bar your legal remedy.

How to defend against false cheque bounce case?

If you have been wrongly accused in a Section 138 case (e.g., a security cheque was misused), you need to challenge it on merits such as:

• No Legally Enforceable Debt: Proving that the cheque was not issued for a valid debt or liability.
• Security Cheque Misuse: Demonstrating that the cheque was given as security and not for discharge of debt.
• Procedural Lapses: Highlighting defects in the legal notice or limitation period.

We focus on effective cross-examination of the complainant to rebut the presumption against the accused under Section 139 of the NI Act.

Can I settle cheque bounce case out of court?

Yes, Section 147 of the NI Act makes cheque bounce offences compoundable. This means parties can settle the matter at any stage—even after conviction.

We assist in Cheque Bounce Settlement Negotiation to reach a mutually agreeable amount. Once the payment is made, we file a compounding application in court to close the case and acquit the accused.