A dishonoured (bounced) cheque is a criminal offence under Section 138 of the Negotiable Instruments Act, 1881, but pursuing it correctly requires strict adherence to statutory timelines: a demand notice within 30 days of the dishonour memo, a 15-day window for the drawer to pay, and a complaint filed within one month after that window closes if payment isn't made.
We draft and dispatch the demand notice, prepare and file the criminal complaint if payment isn't received, and represent clients through the court process — or, where our client is the accused, build a defense addressing liability, notice validity, or settlement.
Who Needs This
- Businesses or individuals who received a bounced cheque as payment.
- Lenders or creditors whose post-dated cheque security has been dishonoured.
- Individuals accused under Section 138 who need to respond to a notice or complaint.
- Anyone needing to negotiate a settlement to compound a pending Section 138 matter.
Strategic Benefits
- Notice dispatched within the statutory 30-day window
- Properly drafted complaint that withstands procedural challenge
- Defense strategy for accused persons, including settlement negotiation
- Court representation through to compounding or verdict
Process Timeline
Legal Notice
Demand notice drafted and sent within 30 days of the cheque return memo.
15-Day Response Window
Drawer has 15 days to make payment before a complaint becomes maintainable.
Complaint & Court Proceedings
Complaint filed before the Magistrate if unpaid, followed by trial or settlement.
Note: strict adherence to the 30-day notice deadline is essential — missing it can bar the complaint entirely. Contact us as soon as a cheque is dishonoured.