Cheque Bounce Lawyer in Delhi

A dishonoured cheque can lead to criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881 — but only if strict timelines are followed. As a cheque bounce lawyer in Delhi, Advocate Shubham Mehta acts for payees filing complaints and for drawers defending them, from the legal notice to trial, settlement and appeal.

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Key takeaways

The legal notice must be sent within 30 days of receiving the bank’s dishonour memo.
The complaint must be filed within one month after the 15-day payment period expires.
The offence is punishable with imprisonment up to two years, or a fine up to twice the cheque amount, or both.
Cheque bounce cases are compoundable and are often settled, including through mediation.

Section 138 NI Act: timeline

Step	Time limit
Cheque presented to the bank	Within its validity period (currently three months from the date on the cheque)
Legal demand notice	Within 30 days of receiving the dishonour memo
Payment by the drawer	Within 15 days of receiving the notice
Complaint filed	Within one month after the 15-day period expires (Section 142)
Interim compensation	Up to 20% of the cheque amount (Section 143A)
Deposit on appeal	At least 20% of fine or compensation (Section 148)

Defences available to the accused

No legally enforceable debt or liability existed on the date of the cheque.
The cheque was given as security, and no liability had crystallised.
The legal notice was defective or not properly served.
The complaint was filed beyond limitation or before the cause of action arose.
Material alteration of the cheque or misuse of a blank signed cheque.

Under Section 139, the court presumes that the cheque was issued for a debt, but the accused can rebut this presumption on a preponderance of probabilities.

Where the complaint is filed

After the 2015 amendment to Section 142, the complaint is filed before the court within whose jurisdiction the payee’s bank branch — where the cheque was presented for collection — is located. In Delhi, these cases are heard by designated Metropolitan Magistrates at the District Courts, including Rohini.

For recovery through civil proceedings alongside the complaint, see our Money Recovery Lawyer in Delhi page.

Working with a cheque bounce lawyer in Delhi: what to expect

Your matter is reviewed by Advocate Shubham Mehta, who explains the legal position, the realistic options and the likely timeline in plain language before any step is taken. Choosing a cheque bounce lawyer in Delhi who practises regularly before the court that will hear your case helps you understand how that court approaches similar matters.

A clear explanation of your legal position and recommended next steps.
Drafts shared with you for review before anything is filed.
Hearing dates, updates and copies of orders communicated promptly.
Confidential handling of your documents and information.

Legal fees and costs

Fees depend on the nature and stage of the matter, the court or forum, the volume of documents and the number of hearings expected. The fee structure is explained in writing at the start of the engagement. Apart from professional fees, cheque bounce complaints involve court fees on the complaint, charges for the legal notice and postage, and certified copies of orders.

Areas we serve in Delhi

Our chamber inside the Rohini Court complex and our office at Kayan Vihar are convenient for clients in Rohini, Pitampura, Shalimar Bagh, Ashok Vihar, Prashant Vihar, Model Town, Paschim Vihar, Narela, Bawana and nearby areas of North and North-West Delhi. We also act for clients from across Delhi NCR and, by phone or video consultation, for clients outside Delhi who need a cheque bounce lawyer in Delhi.

Useful official resources

India Code — official texts of central Acts, including the BNS, BNSS and BSA
eCourts Services — case status and orders of Delhi District Courts
Delhi State Legal Services Authority — mediation and free legal aid

Frequently asked questions

What should I do if my cheque has bounced?

Collect the original cheque and the bank’s return memo, and send a legal demand notice within 30 days of receiving the memo. If payment is not made within 15 days of the notice being received, the complaint can be filed within the following month.

Can a cheque bounce case be settled?

Yes. Offences under Section 138 are compoundable under Section 147 of the NI Act. Parties can settle at any stage, including in mediation or before the court, and the complaint is then disposed of as compounded.

Is there jail for cheque bounce in India?

The offence carries imprisonment up to two years, a fine up to twice the cheque amount, or both. In practice, courts often focus on compensation to the complainant, but imprisonment is possible, especially where there is no settlement.

Can a security cheque be the basis of a Section 138 case?

Yes, if a legally enforceable debt existed and had become due when the cheque was presented. If no liability had crystallised on that date, the accused can use this as a defence. The outcome depends on the facts and documents.

Can a company director be made an accused?

Under Section 141, persons in charge of and responsible for the conduct of the company’s business when the offence was committed can be prosecuted along with the company. The complaint must specifically state their role.

How long does a cheque bounce case take in Delhi?

Section 143 contemplates summary trial and quick disposal, but in practice cases often take one to three years depending on service of summons and court workload. Settlement can end the case much sooner.

What is interim compensation under Section 143A?

The trial court can direct the accused to pay the complainant interim compensation of up to 20% of the cheque amount during the trial. If the accused is later acquitted, the court can order the amount to be repaid with interest.

Related services

Legal guides: What to do after getting an FIR in Delhi · How to file a civil suit in Delhi District Courts · All legal guides

Advocate Shubham Mehta, cheque bounce lawyer in Delhi, SRLM Law Associates

Written and reviewed by Advocate Shubham Mehta
Advocate, Bar Council of Delhi (Enrl. No. D/6398/2021), and head of SRLM Law Associates. He practises before Rohini Courts, other Delhi District Courts, Family Courts, consumer commissions and the Delhi High Court. More about the firm

Speak to SRLM Law Associates

For advice specific to your situation, you may consult a qualified advocate. Advocate Shubham Mehta (Bar Council of Delhi, Enrl. No. D/6398/2021) and the SRLM Law Associates team can be reached at +91 99997 91419 or srlmlawassociates@gmail.com. Chamber: 1310, Lawyer’s Chamber Block, Rohini Courts, Delhi – 110085. Office: 250, Kayan Vihar, Delhi – 110033. Open daily, 9 am – 9 pm. See our Google reviews and directions.