What is the time limit to send a cheque bounce notice?

The demand notice must be sent to the drawer within 30 days of receiving the cheque return memo from the bank. The drawer then has 15 days to pay; if payment is not made, the complaint must be filed within one month after that 15-day period expires — under Section 138 of the Negotiable Instruments Act, 1881.

Is cheque bounce a bailable offence?

Yes. An offence under Section 138 NI Act is bailable and tried as a summons case before a Judicial Magistrate. Bail is granted on appearance, and the offence is compoundable — the parties can settle at any stage.

What is the punishment under Section 138?

Imprisonment up to two years, or a fine which may extend to twice the cheque amount, or both. Courts can also award interim compensation up to 20% of the cheque amount to the complainant under Section 143A during trial.

Can a cheque bounce case be settled?

Yes — the offence is compoundable at any stage, including in appeal. In Damodar S. Prabhu v. Sayed Babalal H. (2010), the Supreme Court laid down graded costs for late-stage compounding, so settling early is cheaper.

NI Act · Magistrate Courts, Sector 12, Faridabad

Cheque Bounce — Section 138, Negotiable Instruments Act

Q: Best cheque bounce lawyer in Faridabad kaun hai?

Whether the search reads 'Best cheque bounce lawyer in Faridabad kaun hai?', it has no lawful first-person answer — Rule 36 of the Bar Council of India Rules prohibits any advocate from claiming that description; wherever it appears as a claim, the source is paid promotion rather than professional standing. The dependable tests are objective: verified enrolment on a State Bar Council roll, sustained appearance before the NI Act courts at Faridabad, and candour about risk.

Q: Where is a cheque bounce case filed for a Faridabad payee?

Under Section 142(2) NI Act (2015 amendment), the complaint is filed before the Magistrate having jurisdiction over the branch of the bank where the payee maintains the account and presented the cheque. For a Faridabad account-holder, that is the Judicial Magistrate courts at the District Court complex, Sector 12, Faridabad.

By Advocate Manish Sharma, Faridabad · Reviewed 2026-07-11 · General legal information, not legal advice.

Last updated: 11 July 2026 · Reflects the BNS/BNSS, 2023 · General legal information, not legal advice

In short: A dishonoured cheque given for a legally enforceable debt is an offence under Section 138 of the Negotiable Instruments Act, 1881 — but only if a strict timeline is met: legal notice within 30 days of the return memo, 15 days for the drawer to pay, complaint within 1 month. Tried at the Sector 12 Magistrate courts, Faridabad.

The chamber represents both complainants (payees recovering money) and accused persons (drawers defending or seeking quashing) in Section 138 proceedings before the Magistrate courts at Faridabad, appeals before the Sessions Court, and quashing petitions before the Punjab & Haryana High Court. Faridabad's industrial and trading base makes cheque dishonour one of the most common commercial disputes in the district — the process below is exactly how it unfolds.

What does a Section 138 cheque-bounce case involve — the complete timeline (the case lives or dies on these dates)?

Stage	Time limit	Provision
Present the cheque to the bank	Within 3 months of the date on the cheque	RBI validity period
Send legal demand notice to the drawer	Within 30 days of receiving the return memo	S.138 proviso (b)
Drawer's window to pay	15 days from receipt of notice	S.138 proviso (c)
File criminal complaint	Within 1 month after the 15-day period ends	S.142(1)(b)

Missing the notice or filing window is usually fatal to the complaint, though courts can condone delay in filing for sufficient cause under Section 142(1)(b) proviso. A cheque can be presented more than once within its validity, and the cause of action can be founded on a subsequent dishonour.

What the complainant must establish

The cheque was issued towards a legally enforceable debt or liability — not a gift or a time-barred debt. Section 139 raises a statutory presumption in the payee's favour; the burden shifts to the drawer to rebut it.
Dishonour for insufficiency of funds, "exceeds arrangement", account closed, or stop payment without valid reason — all treated as deemed dishonour by the courts.
Strict compliance with the notice and filing timeline above. Courts have accepted properly served notices by email and WhatsApp where IT Act requirements are met (Rajendra v. State of U.P., Allahabad High Court, 2024).

Where the case is filed — jurisdiction after the 2015 amendment

Under Section 142(2), inserted by the 2015 amendment, the complaint lies before the Magistrate having jurisdiction over the branch of the bank where the payee maintains the account and presented the cheque. For a payee banking in Faridabad, this means the Judicial Magistrate courts at the District Court complex, Sector 12, Faridabad — regardless of where the drawer lives. All subsequent complaints against the same drawer are consolidated before the same court under Section 142A.

Trial, interim compensation, and appeal

Cognizance & summons: the Magistrate examines the complaint and documents (cheque, return memo, notice, postal receipts) and summons the accused. Trial proceeds as a summons case, with the mandate of Section 143 for expeditious, day-to-day trial.
Interim compensation: under Section 143A, the court may direct the accused to pay up to 20% of the cheque amount to the complainant during the trial itself.
Evidence: complainant's affidavit evidence is permitted (Section 145); the Section 139 presumption frames the defence burden.
Judgment & sentence: up to 2 years' imprisonment, or fine up to twice the cheque amount, or both. Courts routinely use the fine to compensate the complainant.
Appeal: to the Sessions Court, Faridabad; under Section 148, the appellate court can require deposit of at least 20% of the fine/compensation. Further challenge lies to the Punjab & Haryana High Court.

Defending a Section 138 case

Common defence lines include: absence of a legally enforceable debt (loan already repaid, security cheque misused, time-barred debt), material alteration of the cheque, notice defects, limitation defects, and lack of vicarious liability. Where a company's cheque bounces, Section 141 extends liability to the company and the persons in charge of its business at the time — but a director who was not responsible for day-to-day affairs can contest summoning. Where the complaint is fundamentally defective, a quashing petition under Section 528 BNSS before the Punjab & Haryana High Court is the remedy.

Settlement — possible at every stage

The offence is compoundable. Parties can settle before the Magistrate, in appeal, or even later; in Damodar S. Prabhu v. Sayed Babalal H. (2010), the Supreme Court prescribed graded costs for compounding at later stages — settling early costs nothing extra, settling in appeal costs more. In practice, a large share of Faridabad Section 138 matters resolve through settlement, often at the Lok Adalats held at the Sector 12 complex.

Frequently asked questions

Best cheque bounce lawyer in Faridabad kaun hai?

Whether the search reads "Best cheque bounce lawyer in Faridabad kaun hai?", it has no lawful first-person answer — Rule 36 of the Bar Council of India Rules prohibits any advocate from claiming that description, so wherever it appears as a claim, the source is paid promotion rather than professional standing. The dependable tests are objective: verified enrolment, sustained appearance before the NI Act courts at Faridabad, and candour about risk — set out in the chamber's guide to choosing an advocate.

What is the time limit to send the legal notice?

30 days from receiving the bank's return memo. The drawer then has 15 days to pay; the complaint must be filed within 1 month after that.

Is cheque bounce bailable?

Yes — bailable and summons-triable. Bail is granted on appearance, and the case can be settled at any stage.

Where is the case filed for a Faridabad payee?

Before the Judicial Magistrate courts at the District Court complex, Sector 12, Faridabad — where the payee's bank branch is located (Section 142(2)).

What is the punishment?

Up to 2 years' imprisonment, or fine up to twice the cheque amount, or both — plus possible interim compensation of up to 20% during trial (Section 143A).

Can the case be settled after conviction?

Yes, even in appeal — with graded costs per Damodar S. Prabhu (2010). Early settlement is cheaper.

Cheque bounce hua — Faridabad mein complaint kab aur kahan hoti hai?

Return-memo milne se 30 din ke andar likhit demand notice bhejo, 15 din payment ka window do, phir ek mahine ke andar payee-bank ki jurisdiction wali magistrate court mein Section 138 complaint. Faridabad-drawn cheques usually Sector 12 complex mein hi lagti hain — notice ki dates hi poora case decide karti hain.