Cheque Bouncing Lawyer in Delhi – Expert Legal Assistance Under Section 138 NI Act
In today’s fast-paced commercial world, cheques remain one of the most widely used financial instruments. However, with rising transactions, the problem of cheque dishonour or cheque bouncing has also increased significantly. When a cheque gets dishonoured due to insufficient funds, signature mismatch, or any other reason, it can cause financial loss and distress to the payee.
If you are facing such a situation, engaging a Cheque Bouncing Lawyer in Delhi is crucial. At Niyamam Law Offices, our dedicated team of legal experts specializes in handling cases under Section 138 of the Negotiable Instruments Act, 1881. With years of courtroom experience, strategic legal drafting, and strong representation, we help clients recover their rightful dues effectively.
In this article, we will cover everything you need to know about cheque bouncing cases, the role of Cheque Bouncing lawyer, procedure in Delhi courts, timelines, punishments, and how we can help you safeguard your rights.
What is Cheque Bouncing?
A cheque bounce occurs when the cheque presented to the bank is dishonoured, i.e., not honoured for payment. Common reasons include:
- Insufficient funds in the account
- Signature mismatch of the account holder
- Account closed by the drawer
- Overwriting or alteration on the cheque
- Stop payment instructions
Expired validity of the cheque (currently 3 months)
When this happens, the payee (person receiving the cheque) has the right to take legal action under Section 138 of the Negotiable Instruments (NI) Act, 1881.
Legal Provisions: Section 138 of NI Act
Section 138 makes cheque dishonour a criminal offence in India.
Key Points:
- The cheque must have been issued for legally enforceable debt or liability.
- The cheque should be presented within 3 months from the date of issue.
- The bank must return the cheque unpaid with a dishonour memo.
- The payee must issue a legal notice within 30 days of dishonour.
- The drawer has 15 days from receiving the notice to make payment.
If payment is not made, a complaint case can be filed in the court within 30 days.
Punishment for Cheque Bounce
As per law, if found guilty:
- The drawer can face imprisonment up to 2 years.
- A fine up to double the cheque amount can be imposed.
The court can also order compensation to the complainant.
This makes cheque bounce cases a serious legal issue requiring professional handling.
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Why You Need a Cheque Bouncing Lawyer in Delhi
Filing and defending cheque bounce cases involves strict timelines, technical drafting, and deep understanding of criminal law. Here’s why you need expert legal help:
- Drafting Legal Notice – A cheque bounce notice must be drafted precisely with correct legal grounds. Any mistake can weaken your case.
- Court Representation – Lawyers represent you in Delhi District Courts, Sessions Court, and even High Court if required.
- Time Management – Missing deadlines can result in dismissal of your case. A lawyer ensures compliance.
- Defense Strategies – If accused, a skilled lawyer can challenge the cheque issuance, debt validity, or procedural lapses.
Settlement Negotiations – Lawyers also help in out-of-court settlements to save time and money.
At Niyamam Law Offices, our Cheque Bouncing Lawyer handle both complainant cases (filing against drawer) and defense cases (representing accused).
Step-by-Step Process of Cheque Bounce Case in Delhi
1. Dishonour of Cheque
The bank returns the cheque with a “cheque return memo” stating the reason for dishonour.
2. Sending Legal Notice
Within 30 days, the payee must send a legal notice to the drawer demanding payment.
3. Waiting Period
The drawer gets 15 days from receipt of notice to make the payment.
4. Filing Complaint
If no payment is made, a complaint can be filed in Magistrate Court in Delhi within 30 days of expiry of notice period
5. Court Proceedings
Pre-summoning evidence – Complainant presents documents.
Summons issued – Court issues summons to the accused.
Trial – Both parties present evidence and arguments.
Judgment – Court may convict, acquit, or order settlement.
Territorial Jurisdiction in Cheque Bounce Cases
After the Supreme Court judgment in 2014 (Dashrath Rupsingh Rathod v. State of Maharashtra) and subsequent amendments, cases are filed where the payee’s bank is located.
For Delhi residents, this means cheque bounce cases are filed in Delhi District Courts having jurisdiction over the payee’s bank branch.
How Cheque Bouncing Lawyer Help You
At Niyamam Law Offices, we provide end-to-end legal support in cheque bouncing matters:
For Complainants:
Drafting and sending legally sound notice
Filing Section 138 complaint in the correct Delhi court
Representing you throughout the trial
Ensuring maximum recovery and compensation
For Accused (Drawer):
Examining validity of debt/liability
Challenging improper notice or filing defects
Defending against false or malicious cases
Negotiating settlements to reduce liability
Our Cheque Bouncing lawyer have a strong presence in Saket Court, Tis Hazari Court, Patiala House Court, Karkardooma Court, Dwarka Court, and Rohini Court.
Timeline of Cheque Bounce Cases in Delhi
Typically, cheque bounce cases take 12 to 18 months for resolution. However, with active follow-ups and settlement options, they can conclude earlier.
Why Choose Us?
Specialized Expertise
Dedicated team for Section 138 NI Act cases.
Proven Track Record
Successful representation in Delhi courts.
Timely Action
Strict adherence to legal deadlines.
Negotiation Skills
Expertise in dispute resolution and settlements.
Frequently Asked Questions
You must file within 30 days of expiry of 15-day notice period.
It is a criminal offence under Section 138 NI Act, but civil recovery options also exist.
The court may issue bailable or non-bailable warrants.
Yes, settlements are common and often save time and cost.
Yes, if they are from the same transaction and party.