01Who this page is for
When a cheque bounces, Section 138 of the Negotiable Instruments Act gives the payee a criminal remedy — but only on a strict timeline: a written demand notice within 30 days of the bank memo, 15 days for the drawer to pay, and a complaint within 30 days after that. Miss a deadline and the criminal remedy is gone.
Cheque-bounce law is unforgiving about dates and generous about presumptions — the law presumes the cheque was issued for a debt, and the drawer must rebut it. That structure is why prepared complainants recover, and why casual ones lose winnable cases to a missed deadline.
Recovery for Payees
Demand notice, complaint before the Magistrate, and pressure toward settlement — most matters pay before judgment.
How it works →Defence for Drawers
Where the cheque was security, stolen, or the debt disputed — the presumption can be rebutted with evidence.
How it works →Multiple / High-Value Cheques
Batched complaints, interim compensation under Section 143A, and parallel civil recovery where warranted.
How it works →Company Cheques
Proceedings against companies and the officers in charge — with the vicarious-liability requirements pleaded correctly.
How it works →02The process, step by step
The Section 138 sequence, with its statutory deadlines:
Cheque bounces
Bank returns the cheque with a memo — insufficient funds, account closed, signature mismatch.
Day 0Demand notice
Written notice demanding the cheque amount, sent within 30 days of the return memo.
Within 30 daysWaiting period
The drawer has 15 days from receipt to pay. Payment ends the matter; silence ripens the offence.
15 daysComplaint & trial
Complaint filed within 30 days thereafter. Summons, interim compensation where sought, settlement or trial.
30 days + trial03Documents required
Checklist — Section 138
- Original bounced cheque
- Bank return memo
- Proof of the underlying debt (invoice, loan record, agreement)
- Copy of the demand notice + postal/courier proof
- The drawer's reply, if any
- Your bank statement showing presentation
04Honest timelines
The pre-complaint phase is fixed by statute at roughly 75 days. Trials realistically run one to three years in Pune's magistrate courts — but the practical leverage arrives much earlier: summons, and interim compensation of up to 20% under Section 143A, bring most drawers to the table. A large share of our matters settle at full value before evidence.
05Mistakes we see every month
- ✕Re-presenting the cheque endlessly instead of sending noticeEach presentation restarts nothing once you let 30 days pass after a return memo without notice.
- ✕Sending the notice yourself, informallyDefective notices — wrong amount, wrong address, vague demand — sink complaints at trial.
- ✕Accepting part-payment without recording itUnrecorded part-payments create fatal contradictions between your notice and your evidence.
- ✕For drawers: ignoring the summonsNon-appearance brings warrants. A defended matter can be won or settled; an ignored one cannot.
06Fees, discussed upfront
Every engagement begins with a written understanding of the fee structure — consultation, drafting, appearances — before any work starts. We will tell you plainly at the first meeting what your matter involves, and you will never see a charge we did not explain.
Adv. Indrajit Dongre
Leads this practice, appearing before Pune's courts since 1998. Assisted by Adv. Nitesh Bhalerao and Adv. Vaishnavi Koli.