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Area of practice · 02

Cheque Bounce Lawyer in Gurugram

Cases under Section 138 of the Negotiable Instruments Act, 1881, in Gurugram (Gurgaon) — for the person holding the cheque and for the person who issued it.

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The timeline the law sets

  1. Cheque presented within its validity, three months from the date written on it.
  2. Demand notice sent in writing within 30 days of receiving the bank's return memo.
  3. 15 days to pay from the day the drawer receives the notice.
  4. Complaint filed within one month after those 15 days end. The court can condone delay if sufficient cause is shown.

Work out your own dates: use the free cheque bounce deadline calculator to find the last date for the demand notice and the complaint in your case.

Cheque bounce cases in Gurugram

Section 138 complaints in Gurugram are filed before the Judicial Magistrate at the District Courts complex near Civil Lines, Gurugram. Under Section 142(2) of the Act, the complaint is filed where the bank branch that maintains the payee's account is located. So a person who deposited the cheque in a Gurugram branch can usually file at Gurugram, even if the drawer lives elsewhere.

Many cheque cases in Gurugram are referred to mediation or a Lok Adalat at some stage, where a settlement can be worked out and recorded. The chamber is close to the court complex.

For the payee (holder of the cheque)

  • Drafting and sending the statutory demand notice
  • Filing the complaint and pre-summoning evidence
  • Applications for interim compensation under Section 143A
  • Recovery through a parallel civil suit where appropriate

For the drawer (the accused)

  • Reply to the demand notice
  • Appearance, bail and defence at trial
  • Settlement and compounding under Section 147
  • Appeals, including the deposit required under Section 148

How the case moves in court at Gurugram

  1. Complaint filed before the Judicial Magistrate, with the complainant's evidence on affidavit.
  2. Summons issued to the accused once the court is satisfied there is a case to answer.
  3. Appearance and bail: the accused appears and is usually released on a bail bond.
  4. Accusation explained: the court tells the accused what the case is about (Section 274 BNSS) and asks for their plea.
  5. Evidence from both sides, including cross-examination.
  6. Arguments and judgment. Settlement is possible at any stage.
  7. Appeal to the Sessions Court, generally within 30 days of the judgment.

What the law provides

On conviction, the court can impose imprisonment of up to two years, a fine of up to twice the cheque amount, or both. The offence can be compounded, so many cases end in a settlement at some stage.

What to keep ready

The original cheque, the bank's return memo, a copy of the demand notice with postal receipts and tracking report, and any document showing the debt, such as an agreement, invoices or account ledger.

Guides on cheque bounce

Common questions

Where can I file a cheque bounce case if the other person lives outside Gurugram?

If you deposited the cheque in your own account, the complaint is filed where your bank branch (the branch that maintains your account) is located. So if your account is with a Gurugram branch, the case is usually filed at Gurugram, even if the person who gave the cheque lives in another city.

How long do I have to send the legal notice?

The written demand notice must be sent within 30 days of receiving the bank's return memo. The person who issued the cheque then has 15 days from receiving the notice to pay. If they do not pay, the complaint must be filed within one month after those 15 days end.

I received a cheque bounce notice. What should I do?

Do not ignore it. Read it carefully, note the date you received it, and take advice within the 15-day period. Depending on the facts, you may pay, reply with your stand, or prepare for the case. A well-drafted reply can matter later.

Can a cheque bounce case be settled?

Yes. The offence under Section 138 can be compounded, so many cases end in a settlement at some stage — through talks between the parties, mediation or a Lok Adalat. The settlement terms should be recorded properly before the court.

Can the court order payment while the case is still going on?

Yes. Under Section 143A the court can order the accused to pay interim compensation of up to 20% of the cheque amount during the trial. In an appeal against conviction, Section 148 allows the appellate court to order a deposit of at least 20% of the fine or compensation.

What is the punishment for cheque bounce?

On conviction, the court can impose imprisonment of up to two years, a fine of up to twice the cheque amount, or both.

Is cheque bounce a bailable offence?

Yes. The offence under Section 138 is bailable. When the accused appears after summons, the court usually releases them on a bail bond, often with a surety.

What if the legal notice comes back "refused" or "unclaimed"?

If the notice was sent by registered post to the correct address, courts generally treat it as served even if it comes back refused or unclaimed. Keep the returned envelope and the postal tracking report.

If a company's cheque bounces, can the directors be made accused?

Yes. Under Section 141, the company and the persons who were in charge of and responsible for its business at the time, such as directors or partners, can be made accused. The complaint must explain each person's role.

Can I also file a civil suit to recover the money?

Yes. A Section 138 complaint and a civil suit for recovery can both be filed. One does not stop the other.

General information only. Every case depends on its own facts.

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