A cheque bounce is not just a financial inconvenience—it is a criminal offence under Section 138 of the Negotiable Instruments Act, 1881. Whether you are an individual or a business owner, dealing with a dishonoured cheque can be stressful. That’s why it is crucial to understand the consequences, rights, and remedies available under Indian law.

At Advocate Akanksha Roy, we specialize in handling cheque bounce matters efficiently and with precision, ensuring you get justice at the earliest.

When a cheque is presented to the bank for clearance but gets returned unpaid due to “insufficient funds”, or any other valid reason, it is said to be “bounced”. Under Section 138 of the NI Act, this act becomes punishable by law with:

• Imprisonment up to 2 years,

• Fine up to twice the amount of the cheque, or

• Both.

Cheque bounce can happen due to several reasons, including:

• Insufficient account balance

• Signature mismatch

• Mismatch in words and figures

• Overwriting or tampering on the cheque

• Expired validity (older than 3 months)

• Damaged or defaced cheques

However, only cheques returned due to insufficient funds are covered under Section 138 and can lead to criminal proceedings.

If your cheque is dishonoured due to insufficient funds, you must send a legal notice to the drawer (issuer of cheque) within 30 days from the date you received the bank’s return memo.

The notice must demand payment of the cheque amount within 15 days from receipt. If the drawer fails to pay within this time, you are entitled to file a criminal complaint under Section 138 before a Magistrate.

At Advocate Akanksha Roy, we ensure that the cheque bounce legal notice is drafted with precision and served properly, giving your case a solid foundation from the start.

1. Cheque Dishonour: You receive a cheque, and the bank returns it unpaid.

2. Legal Notice: You issue a cheque bounce notice within 30 days.

3. 15-Day Waiting Period: The drawer must clear dues within this window.

4. Filing Complaint: If no payment is received, a criminal complaint can be filed within the next 30 days.

5. Summoning of Accused: The court takes cognizance and issues summons.

6. Trial Begins: Both parties present evidence.

7. Judgment: If proved guilty, the accused may face jail or fine or both.

You can file the complaint before a court located at any of the following places:

• Where the cheque was drawn

• Where the cheque was presented

• Where the bank dishonoured the cheque

• Where the legal notice was sent

To initiate proceedings under Section 138, it must be proved that the cheque was issued:

• For a legally enforceable debt or liability, and

• Not as a gift or donation.

If the drawer pays within 15 days of receiving the notice, no offence is committed.

• Extensive experience at Rohini Court, Tis Hazari Court, Saket Court, Dwarka Court, and Delhi High Court

•  Detailed case analysis, evidence collection, and aggressive legal representation

•  Quick filing of notices, strategic handling of Section 138 matters, and maximum recovery for clients

• Affordable fee structures and regular client updates

Delay in filing the notice or complaint can weaken your case. If you’ve received a bounced cheque, consult the Best Cheque Bounce Advocate in Delhi – Advocate Akanksha Roy – for immediate legal help.

📍 Visit us at our office or call now on 8789006633 to schedule a confidential consultation.