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Negotiable Instruments Act · Section 138 case

Cheque Bounce Complaint — Filing a Section 138 Case

A cheque bounce complaint is the court case you file after the notice period ends and the drawer has not paid. It must reach a Magistrate within one month. We prepare the complaint papers and track the case. A practising advocate signs the complaint and appears for you.

File within one monthMagistrate court, summary trialInterim compensation up to 20%Settlement possible at any stage
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What it is

A cheque bounce complaint is a written criminal complaint under Section 138 of the Negotiable Instruments Act, 1881, filed under Section 142 before a Judicial Magistrate of the first class or a Metropolitan Magistrate. It comes after the notice. No valid notice and 15-day wait, no complaint.

The punishment on conviction is imprisonment of up to two years, a fine of up to twice the cheque amount, or both. If you have not yet sent the notice, start with our cheque bounce notice service. This page covers what comes next: the complaint, the court and the trial. We draft for your review. A practising advocate signs and files.

Who it applies to

Payees and holders in due course

Only the payee, or the holder in due course, can file under Section 142(1)(a). A cheque for a loan, unpaid invoice or rent all count if the debt is legally enforceable.

Businesses with unpaid invoices

A Faridabad auto-parts supplier whose dealer’s cheque bounces after the quarter-end can file once the notice period lapses. Keep the ledger and invoices ready.

Drawers who received a summons

If you are the drawer, the court summons is the next stage. Read it, note the date, and see an advocate before the first hearing. Do not ignore it.

Why it matters

Start with the law on your side

Section 139 presumes the cheque was issued for a legally enforceable debt. The drawer must rebut it with evidence.

Use a faster track than a civil suit

Here is the catch: Section 143 directs summary trial and asks the court to finish within six months. Courts treat this as directory, so delays still happen.

Put pressure on the drawer to settle

The offence is compoundable. Interim compensation under Section 143A gives the drawer a reason to pay early.

Documents required

The cheque papers

  • Original cheque and the bank’s return memo
  • Proof of date you received the memo
  • Copy of the notice and postal receipts

Proof of the debt

  • Invoice, agreement or loan paper
  • Ledger account from your books
  • Emails or WhatsApp messages on the dues

Complaint papers

  • Postal tracking showing delivery of the notice
  • Affidavit with your email, mobile and WhatsApp details
  • Authority letter or board resolution for a company

How it works

1

Confirm the cause of action and dates

The cause of action arises when the 15 days after receiving the notice end without payment. We check the notice date, delivery proof and the date the cheque was presented.

2

Draft the complaint and affidavit

We draft the complaint for your review. Following Sanjabij Tari (25 September 2025), it opens with a synopsis and gives the complainant’s email, mobile and WhatsApp details with an affidavit.

3

Your advocate files in the right court

Where the cheque was deposited in your account, Section 142(2)(a) gives jurisdiction to the court where your bank branch is. A payee who banks in Faridabad files in Faridabad.

4

Follow the trial and weigh a settlement

Evidence is led by affidavit under Section 145. We diarise dates, keep your documents ready and tell you when compounding or interim compensation is worth considering.

Timelines

Complaint

Within one month of the cause of action, Section 142(1)(b).

Trial

Summary trial under Section 143, with a six-month target. Delay is common, so expect a longer case.

Interim compensation

If ordered, payable within 60 days, extendable by up to 30 days, Section 143A.

What happens if you miss it

A late complaint can fail

Miss the one-month window and the court may not take cognisance on that dishonour. If the cheque is still valid, present it again and send a fresh notice. MSR Leathers (2013) allows a fresh cause of action.

A weak notice sinks the case

If the notice was late, went to the wrong address or demanded something else, the complaint is exposed. We check this before filing.

An absent complainant loses ground

Missing hearings or evidence dates can lead to dismissal of the complaint. Keep your advocate informed and your papers ready.

Compounding and appeal costs

Section 147 makes the offence compoundable. In Sanjabij Tari (25 September 2025), the Supreme Court revised the cost of compounding.

StageCost of compounding
Before the drawer’s defence evidenceNo cost
After defence evidence, before judgment5% of the cheque amount
Revision or appeal before Sessions Court or High Court7.5%
Supreme Court10%

If the drawer is convicted and appeals, Section 148 lets the appellate court order a deposit of at least 20% of the fine or compensation. In Bharat Mittal (18 December 2025), the Supreme Court said the exemption is for exceptional cases.

Frequently asked questions

How long do I have to file a cheque bounce complaint?

One month from the date the cause of action arises, under Section 142(1)(b). The cause of action arises when the 15 days after the drawer receives your notice end without payment. File early rather than on the last day. We keep the dates in your file and prepare the papers well before the limit.

Which court hears a Section 138 complaint?

A Judicial Magistrate of the first class or a Metropolitan Magistrate. Where you deposited the cheque in your account, Section 142(2)(a) fixes jurisdiction at the court where your bank branch is located. So a payee banking in Faridabad files in Faridabad. We confirm the branch details before your advocate files.

Can I file the complaint without sending a notice?

No. Section 138 needs a written demand within 30 days of the bank’s information that the cheque was returned, and the drawer must then fail to pay within 15 days. Without that, the offence is not complete. If the 30 days have passed, check whether the cheque is still valid for fresh presentation.

What is the punishment in a cheque bounce case?

Imprisonment of up to two years, a fine of up to twice the cheque amount, or both. During trial, the court may also order interim compensation of up to 20% of the cheque amount under Section 143A. The court decides each case on its facts. Many cases settle before judgment.

Can a cheque bounce case be settled?

Yes. The offence is compoundable under Section 147. As per Sanjabij Tari, compounding costs nothing before defence evidence, 5% of the cheque amount after that until judgment, 7.5% in the Sessions Court or High Court, and 10% in the Supreme Court. We draft the settlement terms and your advocate records them in court.

Do I have to attend every hearing?

Not always. Your advocate can appear for you on most dates, but the court can call you for evidence or for compounding. Evidence goes in by affidavit under Section 145, which saves time. We give you the date list and tell you when your presence matters.

Who is liable when a company cheque bounces?

The company is liable, and under Section 141 so are the directors in charge of its business at the time. That is why the notice and complaint name them. A director who proves lack of knowledge or due diligence can defend. We prepare the complaint with the right parties.

Does Taxhint appear in court for the complaint?

No. We prepare the complaint papers, collect your documents and track hearing dates. A practising advocate signs the complaint, files it and appears for you in court. We stay in touch with you and the advocate through every date, so nothing is missed.

Pricing

What it costs

Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.

Ready to begin?

Share the cheque, the return memo and your notice. We will check the dates and tell you whether the complaint is ready to file.