General information only. This page provides background on cheque bounce proceedings under Section 138 of the Negotiable Instruments Act, 1881. It is not legal advice. The specific facts, whether deadlines were met, and the nature of the underlying transaction will determine whether a complaint can be filed and its likely outcome. Contact Tricity Law Firm to assess your specific matter.
Tricity Law Firm represents payees and accused persons in cheque bounce cases under Section 138 of the Negotiable Instruments Act, 1881 before the Magistrate Courts in Chandigarh, Mohali, and Panchkula. Adv. Kamal Grover (Enrol. No. P/802/2002) handles legal notice drafting, complaint filing, trial appearances, and compounding negotiations. Consultations available in Hindi, Punjabi, and English.
Urgent — Act Within 30 Days of Dishonour
Cheque bounce cases have strict, non-extendable deadlines. If you have received a bank dishonour memo, you must send a legal notice within 30 days. Do not delay.
Call +91-9814110005 to get your legal notice drafted and sent immediately.
The Section 138 Timeline
| Step | Deadline |
|---|---|
| Present cheque to bank | Within 3 months of cheque date |
| Send legal notice after dishonour | Within 30 days of receiving the dishonour memo |
| Drawer pays (to avoid prosecution) | Within 15 days of receiving the legal notice |
| File complaint before Magistrate | Within 30 days after the 15-day notice period expires |
Missing the notice deadline or the complaint filing deadline extinguishes the right to proceed under Section 138. There is no extension.
What the Process Looks Like
Step 1 — Legal Notice
A formal legal notice is drafted and sent by registered post (RPAD) to the drawer's last known address, demanding payment within 15 days. Email / WhatsApp copies are also sent to create additional evidence of service.
Step 2 — Complaint Filing
If the drawer does not pay within 15 days, a complaint is filed before the Judicial Magistrate First Class (JMFC) with jurisdiction, along with:
- Original dishonoured cheque
- Bank's dishonour memo (cheque return memo)
- Copy of the legal notice with proof of sending
- Postal acknowledgement or tracking evidence
Step 3 — Cognizance and Summons
The Magistrate takes cognizance and issues summons to the accused drawer.
Step 4 — Trial or Compounding
Most cheque bounce cases are compounded (settled) before or during trial — the drawer pays the cheque amount plus costs, and the complainant withdraws the case. If not settled, the case proceeds to trial and the drawer can be convicted under Section 138 (imprisonment up to 2 years, fine up to twice the cheque amount, or both).
Defending a Section 138 Case
If you are the accused, a cheque bounce lawyer in Chandigarh can assess several defences:
- Cheque was not issued for a legally enforceable debt (security cheque, gift, advance against unfulfilled condition)
- The payee's bank presented the cheque outside the 3-month validity window
- The legal notice was not sent within 30 days of dishonour
- The legal notice was not properly served on you
- The complaint was not filed within the limitation period
- The cheque was stolen or issued under duress
Each of these is a factual question that depends on the documents and timeline of your specific case.
Courts for Cheque Bounce Cases in the Tricity Region
| Court | Location |
|---|---|
| JMFC Court, Chandigarh | Sector 17 District Courts |
| JMFC Court, Mohali (SAS Nagar) | Mohali District Courts |
| JMFC Court, Panchkula | Panchkula District Courts |
| Punjab & Haryana High Court | For revisions, appeals, and quashing |
Advocate Details
Reviewed by: Adv. Kamal Grover Enrolment: P/802/2002 — Bar Council of Punjab Education: B.A., LL.B — Punjab University, Chandigarh Court: Punjab & Haryana High Court, Chandigarh and District Courts Last reviewed: September 2026
Frequently Asked Questions
How long do I have to file a cheque bounce complaint in Chandigarh?
After the cheque is dishonoured, you must send a legal notice within 30 days of receiving the bank's dishonour memo. If the drawer does not pay within 15 days of receiving the notice, you must file the complaint before the Magistrate within 30 days of the expiry of the 15-day period. Missing any of these deadlines extinguishes the right to file.
Which court handles cheque bounce cases in Chandigarh?
Complaints are filed before the Judicial Magistrate First Class (JMFC) where the cheque was presented for encashment — typically where the payee's bank branch is located. For cheques presented at Chandigarh banks, the JMFC Chandigarh has jurisdiction.
What if the cheque was given as security and not for a debt?
Section 138 applies only to cheques given for a legally enforceable debt or liability. A security cheque or a cheque for a future/contingent obligation may not attract Section 138 liability. This is a factual defence assessed on the specific agreement and circumstances.
Can I file both a Section 138 complaint and a civil recovery suit?
Yes — filing both simultaneously is often the best strategy. The criminal case creates pressure to settle; the civil suit ensures actual money recovery with interest. The firm handles both proceedings concurrently.
Contact Tricity Law Firm
Chamber No. 129, Opposite Multi-Level Car Parking, Punjab & Haryana High Court, Chandigarh — 160001 Phone / WhatsApp: +91-9814110005 Email: adv.kamal.grover@gmail.com Office hours: Monday to Saturday, 10:00 AM – 6:00 PM
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