ಚೆಕ್ ಬೌನ್ಸ್ / Section 138, NI Act

Cheque bounce lawyer in Bangalore

Legal notices, notice replies, complaints and defence in cheque bounce cases under Section 138 of the Negotiable Instruments Act.

The deadlines are strict

A cheque bounce case under Section 138 of the Negotiable Instruments Act is a criminal case, but it runs on a short clock. Miss a date and the complaint can be thrown out, however strong your claim is.

Step Time limit
Present the cheque to the bank Within 3 months of the date on the cheque
Send a legal demand notice Within 30 days of getting the bank’s return memo
Time for the other side to pay 15 days from receiving the notice
File the complaint in court Within 1 month after those 15 days end

If you have a bounced cheque in hand, check the date on the return memo today. The full process is in our article on what to do when a cheque bounces in Karnataka.

If someone owes you money

  • Drafting and sending the Section 138 legal notice with the correct amount and details
  • Filing the complaint before the magistrate with the cheque, return memo, notice and postal proof
  • Asking for interim compensation of up to 20% of the cheque amount under Section 143A
  • Pushing for settlement where the other side is willing to pay, so you get your money sooner

If you received a notice or summons

A cheque bounce notice reply sent on time, with the right facts, can shape the whole case. Do not ignore it.

Common defences we examine:

  • the cheque was not given for a legally enforceable debt
  • the debt was already paid, fully or in part
  • the notice was defective, sent late, or demanded the wrong amount
  • the complaint was filed outside the time limit
  • the cheque was misused after being given for a different purpose

We also handle appeals, where the court usually requires a deposit of at least 20% of the fine or compensation (Section 148).

Bank return memo and legal notice on a table Keep the original cheque and the return memo safe. Both go to court.

Questions people ask

Can you go to jail for cheque bounce?

The law allows up to two years of imprisonment, a fine up to twice the cheque amount, or both. In practice, courts often focus on getting the money paid, and the offence can be compounded (settled) at any stage. Ignoring the summons is what usually makes things worse.

Which court do I file a cheque bounce case in Bengaluru?

The complaint is filed in the court that has jurisdiction over the bank branch where the payee deposited the cheque. If your account is in a Bengaluru branch, the case is filed in Bengaluru.

What is the court fee for a cheque bounce case in Karnataka?

A court fee is payable on the complaint, and in Karnataka it depends on the cheque amount. We tell you the exact figure along with our own fee before filing.

Can the case be settled?

Yes. A cheque bounce case can be compounded at any stage, including during appeal. Many cases end in a settlement recorded before the court or through Lok Adalat.

Talk to us about your matter

Call or WhatsApp to fix a time. Bring your papers to the office in Rajarajeshwari Nagar.