Discipline 11
A bounced cheque is rarely just a banking issue — it's often the clearest paper trail a recovery case can have. That's where the preparation begins.
Handled By
Adv. Hemant Chaudhary
Fixed fee for opinions, notices and drafting; per-appearance or stage-wise fee for litigation, agreed in writing.
Enquire about thisOverview
Cheque bounce and recovery matters are handled before the Judicial Magistrate courts and, where applicable, through summary civil suits — for individuals and small businesses owed money that hasn't been paid despite a cheque or a clear acknowledgment of debt. Every matter starts with the paper trail: the cheque, the bank's return memo, and any prior demand.
A Section 138 complaint has strict timelines — a statutory notice has to go out within a set window after the cheque bounces, and the complaint has to follow soon after. Missing these windows can mean losing the right to proceed criminally, even if the money is still owed.
Section 138 Negotiable Instruments Act complaints, summary recovery suits and enforcement of decrees and awards.
What's Handled
Criminal complaints for dishonour of cheque, from the statutory notice through to trial.
Legal notices demanding payment within the window the law allows, before a complaint is filed.
Recovery suits under Order XXXVII for debts backed by a cheque, acknowledgment or similar written proof.
Execution proceedings to recover money once a decree or award has already been obtained.
How The Matter Runs
The cheque, the bank's return memo and the underlying debt are verified before any notice is sent.
A statutory demand notice is issued within the legally required window.
A complaint or recovery suit is filed if payment isn't made within the notice period.
The matter is pursued through trial or summary proceedings, and followed through to actual recovery.
Before You Meet
A focused first meeting is a fast one — and timing matters here more than in most matters. Bring whatever's available, and you'll usually leave with a clear view of where things stand.
Recognise Any Of This?
Most people don't arrive with a legal category in mind — they arrive with a situation. A few that come up often:
A cheque given to settle a debt or close a deal has bounced, and the other side isn't responding.
A statutory notice window is about to close, and formal demand hasn't gone out yet.
A Section 138 complaint has been filed, but the accused isn't showing up for hearings.
A court has already passed a money decree, but the other side still hasn't paid.
A business partner or vendor has repeatedly delayed payment with post-dated cheques that keep bouncing.
A loan given informally, without a registered agreement, needs to be recovered.
Before You Ask
A demand notice has to be issued within 30 days of receiving the bank's return memo. The complaint itself then has to follow within a further window if payment isn't made.
Recovery is still possible through a civil suit, though it's harder without documentary proof. Any acknowledgment — a message, an email, a partial payment — can help build the case.
Cheque Bounce & Recovery.
A short consultation on your recovery matter. Confidential, and without obligation.
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