Bail & Anticipatory Bail
Urgent advice on regular and anticipatory bail.
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Cheque Bounce Case – Legal Notice & Complaint under Section 138
A bounced cheque is a criminal offence with strict deadlines. Our lawyers send the Section 138 notice on time and guide you through the complaint – or defend you.
- Notice drafted within 1–2 working days
- Notice within the 30-day limit
- Complaint filing guidance
- For payees and drawers
Cheque bounce under Section 138
Dishonour of a cheque for insufficient funds or because it exceeds the arrangement with the bank is a criminal offence under Section 138 of the Negotiable Instruments Act, 1881, when the cheque was issued to discharge a legally enforceable debt. The offence is punishable with imprisonment of up to two years, a fine of up to twice the cheque amount, or both.
Strict timelines you must follow
- Present the cheque within its validity period (three months from the date on the cheque).
- Send a legal notice to the drawer within 30 days of receiving the bank’s return memo.
- The drawer has 15 days from receiving the notice to pay.
- If they do not pay, file the complaint before the magistrate within one month after the 15 days expire.
Missing these deadlines can defeat your case, so act quickly.
What we do for payees
- Draft and send the statutory demand notice by registered post
- Advise on the right court (generally where your bank branch is located)
- Prepare the complaint and supporting affidavit
- Explain interim compensation, which the court may order the drawer to pay during the case
If you issued the cheque
A notice under Section 138 is serious. You may have defences – for example, if there was no legally enforceable debt or the notice was defective – and settlement is often possible. Talk to a lawyer before the 15-day period runs out.
The offence is compoundable, which means the parties can settle at any stage of the case.
Documents required for Cheque Bounce Case
After you purchase, log in to My Account → My Services and upload each document below. Scanned copies or clear phone photos (PDF, JPG or PNG) are fine. Your files are stored privately and seen only by your assigned expert.
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Brief summary of your issue A short timeline of what happened and the questions you want answered Required
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Copy of the bounced cheque Front and back Required
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Cheque return memo from the bank The dishonour memo with the reason Required
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Proof of the debt Invoice, loan agreement, receipt or messages showing why the cheque was given If applicable
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Details of the drawer Name and address of the person who issued the cheque Required
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Legal notice received If you are the drawer and have received a notice If applicable
Cheque Bounce Case process with Nevo Legal
Share documents
Upload the cheque, return memo and proof of debt.
Lawyer review
We check limitation dates and the strength of your case.
Statutory notice
Notice drafted and sent within the 30-day window.
Complaint guidance
If unpaid, we guide you through filing the complaint.
What you get
- Consultation with a criminal lawyer
- Section 138 demand notice drafted, signed and dispatched
- Limitation timeline for your case
- Quote for complaint filing and representation
Cheque Bounce Case – frequently asked questions
What is the time limit to send a cheque bounce notice?
The notice must be sent within 30 days of receiving the cheque return memo from the bank.
Can I file a cheque bounce case online?
Complaints are filed before the magistrate court with jurisdiction, and many courts now allow e-filing. We guide you on the process for your court.
Can a cheque bounce case be settled?
Yes. The offence is compoundable and can be settled between the parties at any stage, often with costs.
What if the cheque was given as security?
Courts have held that a security cheque can attract Section 138 if a legally enforceable debt existed when it was presented. A lawyer can assess your facts.
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