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Litigation & Dispute Resolution

Cheque Bounce (Section 138 NI Act)

A bounced cheque is not just an inconvenience — it is a criminal offence.

Fast and effective recovery and prosecution under Section 138 of the Negotiable Instruments Act for dishonoured cheques — from legal notice to conviction.

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What's Included
Section 138 Legal Notice (30-day demand)
Criminal Complaint Filing
Magistrate Court Appearances
High Court Appeals
Multiple Cheque Recovery Strategy
+3 more services included
About This Service

Cheque Bounce (Section 138 NI Act) at VS Arora & Co.

Cheque dishonour under Section 138 of the Negotiable Instruments Act, 1881 is a criminal offence in India, with penalties including imprisonment up to 2 years and/or a fine up to twice the cheque amount. This makes it one of the most powerful and cost-effective debt recovery tools available to creditors.

VS Arora & Co. handles hundreds of cheque bounce matters every year. We issue the statutory 30-day demand notice, monitor the response period and file the criminal complaint before the Judicial Magistrate within the prescribed limitation period — maximising your chances of full recovery while holding the drawer criminally accountable.

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Services Covered

What's Included

✓
Section 138 Legal Notice (30-day demand)
✓
Criminal Complaint Filing
✓
Magistrate Court Appearances
✓
High Court Appeals
✓
Multiple Cheque Recovery Strategy
✓
Civil Recovery Suit (parallel)
✓
Settlement & Compromise Negotiations
✓
Execution of Compensation Orders
Our Process

How It Works

1
1

Notice Issuance

We issue the mandatory 30-day demand notice within 30 days of cheque dishonour, by registered post and speed post, preserving your right to file a criminal complaint.

2
2

Complaint Filing

If the drawer fails to pay within 15 days of receiving notice, we file a criminal complaint under Section 138 before the competent Magistrate within the 30-day period from expiry of notice.

3
3

Court Proceedings

We appear at hearings, lead your evidence as a witness, and make legal submissions to the Magistrate, pushing for a speedy trial and conviction.

4
4

Recovery & Settlement

Most Section 138 matters settle before conviction as the accused faces criminal liability. We negotiate the best settlement, failing which we secure a compensation order from the court.

Why VS Arora & Co.

Why Clients Choose Us

15+
Years of IP & Litigation Practice

Deep expertise across trademark, patent, copyright, corporate and general litigation built over 15+ years of active practice.

PAN India
Filing & Representation

We file before all IP Registries, High Courts and Tribunals across India — no matter where your matter needs to be heard.

Free
First Consultation

We give you a clear-eyed assessment of your matter — what the options are, what it will cost and what to expect — before you commit.

100%
Transparent Fees

No hidden charges. We quote fixed fees for standard matters and provide detailed cost estimates for complex litigation.

FAQs

Frequently Asked Questions

Q

What is the time limit to file a cheque bounce complaint?

A

You must file the complaint within 30 days of the expiry of the 15-day notice period. The full timeline from dishonour is approximately 75–90 days. Missing any deadline can bar your complaint.

Q

Can I file for multiple bounced cheques together?

A

Yes. Each dishonoured cheque is a separate offence and requires a separate complaint. However, we can strategise to manage all cheques efficiently and maximise your recovery.

Q

Is Section 138 a civil or criminal case?

A

Section 138 is a criminal proceeding before a Judicial Magistrate. This gives it teeth — the drawer faces imprisonment and criminal record, not just civil liability, which dramatically increases the pressure to settle.

Q

What if the drawer is from another city?

A

Under the NI Act as amended, you can file the complaint in the court where you (the payee) received the cheque or where you bank — not necessarily where the drawer's bank is located. We file in the most convenient and effective jurisdiction for you.

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