★Section 138 · NI Act

Cheque Bounce Lawyer in Pune

A dishonoured cheque is not just a payment failure, it is a criminal offence under Section 138 of the Negotiable Instruments Act, 1881. J&J Associates helps you recover your money and hold the defaulter criminally accountable, with strict timelines.

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Section 138 NI ActPune Courts
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01

Who this page is for

TL;DR

A dishonoured cheque is not just a payment failure, it is a criminal offence under Section 138 of the Negotiable Instruments Act, 1881. J&J Associates helps you recover your money and hold the defaulter criminally accountable, with strict timelines.

If someone has issued you a cheque that has bounced, the law gives you a powerful, and time-sensitive, remedy. Section 138 of the Negotiable Instruments Act makes cheque dishonour a criminal offence punishable with imprisonment up to 2 years and/or a fine up to twice the cheque amount. More practically: the criminal pressure is often what recovers the money.

The process is strictly time-bound. You must send a legal demand notice within 30 days of receiving the bank's dishonour memo, and if the issuer does not pay within 15 days of receiving the notice, you must file a criminal complaint within 30 days thereafter. Missing any of these deadlines extinguishes your legal remedy permanently.

At J&J Associates, we have handled hundreds of cheque bounce matters and move fast. We prepare and dispatch legal notices the same week, and file complaints before the deadline.

Section 138 NI Act Complaints

Filing criminal complaints for cheque dishonour with strict timeline compliance.

How it works

Legal Demand Notices

Drafting and dispatching the mandatory 30-day legal notice within the limitation period.

How it works

Cheque Bounce Trial

Full trial representation including cross-examination and arguments.

How it works

Civil Recovery Suit

Parallel civil suit for the cheque amount when criminal proceedings alone are insufficient.

How it works

Compounding & Settlement

Negotiating full payment from the drawer in exchange for withdrawal of the complaint.

How it works

Defense (Accused Side)

Representing accused persons who are wrongly facing cheque bounce complaints.

How it works
02

The process, step by step

A cheque bounce matter typically moves through these stages:

1

Obtain Bank Dishonour Memo

Immediately get the dishonour memo / return memo from your bank after the cheque bounces. This is Day 0, your 30-day clock starts here.

Day 0
2

Legal Demand Notice (within 30 days)

We draft and dispatch a legal notice under Section 138 NI Act demanding payment within 15 days. Sent by registered post + speed post + email. This step is mandatory and time-critical.

Within 30 days of dishonour memo
3

Wait 15 Days for Payment

The drawer has 15 days from receipt of the notice to make full payment. If they pay, the matter ends here.

15 days
4

File Criminal Complaint (within 30 days)

If no payment is made, we file a criminal complaint under Section 138 before the Magistrate within 30 days of the 15-day period expiring.

Within 30 days of non-payment
5

Summons & Hearing

The court issues summons to the accused. Hearings proceed. We present evidence, the cheque, dishonour memo, notice, and proof of sending.

6–18 months
6

Conviction / Settlement

Courts convict on conviction or the matter settles (compounding) with full payment. We ensure you receive the full amount owed plus legal costs.

Final stage
03

Documents required

Bring to the first meeting

Core Documents (Mandatory)

  • Original dishonoured cheque
  • Bank's dishonour / return memo
  • Proof of dispatch of legal notice (registered post receipt + acknowledgment)
  • Proof of the underlying debt or transaction (why the cheque was given)

Supporting

  • Agreement, invoice, or acknowledgment for the debt
  • Previous correspondence with the drawer
  • WhatsApp messages acknowledging the debt (admissible)
04

Honest timelines

Legal Notice to Filing

45–75 days

Strict statutory timeline. Cannot be extended.

Summary Trial (Magistrate)

6–18 months

Cheque bounce cases are summary trials, faster than regular criminal cases.

Sessions Court Appeal

6–12 months

If the Magistrate's order is appealed.

05

Mistakes we see every month

Missing the 30-day notice deadline

The Harm: This is the single most common and most fatal mistake. If you send the legal notice even 1 day after the 30-day period from the dishonour memo, your Section 138 remedy is lost permanently.

How we prevent it: Contact us the moment you receive the bank's dishonour memo. Same-week notice dispatch is our standard practice.

Sending notice by ordinary post only

The Harm: Proof of delivery is essential. Courts have dismissed complaints where notice was only sent by ordinary post and the accused denied receiving it.

How we prevent it: We send legal notices by Registered Post with AD AND Speed Post AND email, ensuring triple proof of dispatch and delivery.

Not documenting the underlying transaction

The Harm: You must prove WHY the cheque was given. Without the underlying agreement, invoice, or acknowledgment, the accused can claim it was a blank cheque given for security.

How we prevent it: We gather all evidence of the underlying transaction before filing and build a complete case file.

06

Fees, discussed upfront

Cheque bounce matters have a standardized fee structure: legal notice drafting and dispatch fees, complaint filing fees, and hearing fees. The process is predictable and cost-effective relative to the amounts typically involved.

Contact us immediately on receiving the dishonour memo, time is the most critical factor in cheque bounce cases. We offer same-week consultations.

07

Frequently Asked Questions

Not yet, but you have 5 days to dispatch the legal notice. Contact us today. Any delay beyond 30 days from the dishonour memo will extinguish your Section 138 remedy permanently.

This is a common defense, but it fails when you have documented evidence of the underlying transaction, agreements, WhatsApp messages, invoices, or acknowledgments. Courts look at the totality of evidence. We build a complete case file to counter this defense.

Yes. The criminal complaint under Section 138 and a civil money recovery suit can run simultaneously. The criminal case creates pressure; the civil suit secures a decree for the money. We often pursue both in significant matters.

Partial payment does not compel you to withdraw the complaint. You can file the complaint for the remaining unpaid amount. The 15-day period for payment requires the FULL amount to be paid, not a part.

Common defenses include: the cheque was given as security (not for a debt), the debt is not legally enforceable, the notice was not properly served, or the complaint is time-barred. We assess your specific situation and build the strongest available defense.

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What to Expect

1
Case Fact ReviewComprehensive examination of your documents and timelines by Adv. Gaurav Jaju or Adv. Ankita Jaju.
2
Candid Legal AssessmentHonest evaluation of your legal standing, risks, and realistic court expectations before filing.
3
Strategic Next StepsA clear roadmap of remedies, dispute resolution paths, and procedural requirements.
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Chambers: Kasba Peth & Shukrawar Peth
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