Section 138 · Negotiable Instruments Act
When a cheque is dishonoured, the clock is already running.
Veeraya Legal represents individuals and businesses in Janakpuri and across West Delhi through every stage of a cheque bounce matter — from the statutory demand notice to trial, settlement or appeal — with the discipline the timelines demand.
NI Act Practice
How we work
- Deadline-tracked from day one — every Section 138 timeline is calculated the moment a matter is opened, not after a date is missed.
- Direct communication — you hear updates from the advocate actually handling your matter.
- Fee clarity upfront — scope and fees are discussed and agreed before any drafting begins, in line with professional norms.
- Both sides represented — equally comfortable acting for the payee seeking recovery or the drawer contesting a notice.
The Practice
Counsel built around the arithmetic of deadlines
A cheque bounce case is won or lost as much on calendar discipline as on merit. The 30-day window to issue notice, the drawer's 15-day cure period, and the 30-day period thereafter to file — miss any one, and the remedy under Section 138 is lost entirely.
Veeraya Legal represents individuals and businesses in Janakpuri and across West Delhi, handling matters from drafting the first notice through to trial or settlement — with the same seriousness whether the cheque is for eleven thousand rupees or eleven crore.
- Focused on NI Act & commercial recovery matters
- Regular appearances before the Dwarka District Courts
- Consultations in Hindi & English
- Fees agreed in advance, matter by matter
Know the Law
What Section 138 actually requires
Four elements must be established for a cheque dishonour to become a criminal offence. We assess every incoming matter against each one before advising on strategy.
The offence arises under Section 138 of the Negotiable Instruments Act, 1881 when a cheque, drawn on an account for discharge of a legally enforceable debt or liability, is returned unpaid — typically for insufficiency of funds or because it exceeds an arrangement made with the bank.
The payee must present the cheque within its validity period — three months from the date on the cheque, per current RBI norms — issue a written demand within 30 days of the dishonour memo, and the drawer must fail to pay within 15 days of receiving that notice. Only then does the cause of action to prosecute arise; see the full step-by-step procedure below.
The four ingredients
- A legally enforceable debt — the cheque must relate to a real liability, not a gift, security-only instrument, or time-barred debt.
- Presentation within validity — the cheque must be presented to the bank within three months of its date, or before it expires.
- Valid statutory notice — a written demand within 30 days of the dishonour memo, correctly addressed and provably delivered. See our notice drafting service.
- Failure to pay within 15 days — the complaint can only be filed after this cure period lapses without payment, as set out under Section 142 of the Act.
How We Assist
Representation at every stage of the matter
Whether you have received a bounced cheque or been served a legal notice, each stage carries its own drafting standard and its own deadline.
Legal Notice Drafting
Precisely worded statutory demand notices under Section 138, dispatched and tracked to withstand challenge on delivery or content.
See where this fits →Complaint Filing (S.138/200 CrPC)
End-to-end filing before the appropriate West Delhi court, from evidence affidavit and documents to securing summons.
View the full process →Bail & Summons Response
Representation for the accused at summons, appearance, and bail stage, including quashing petitions where warranted.
Common questions →Settlement & Compounding
Negotiated resolution, mediation, and Lok Adalat settlements — often the fastest and least costly route to closure.
Read client outcomes →Trial & Cross-Examination
Full trial representation before the Metropolitan Magistrate, including evidence and cross-examination strategy.
See the trial stage →Appeals & Revisions
Sessions Court and High Court appeals against conviction, acquittal, or sentence under Sections 374/378 CrPC.
Discuss your appeal →Why Clients Choose Us
Local courtroom familiarity, drafted with precision
Janakpuri-based, Dwarka-court fluent
Based in Janakpuri with regular listing before the Dwarka District Courts that hold jurisdiction over most West Delhi cheque matters.
Deadline-first case handling
Every file is tracked against its statutory notice, cure-period, and limitation dates from day one — see the full timeline we work against.
Both sides of the matter
Equally experienced representing complainant-payees seeking recovery and accused-drawers contesting or settling a notice.
Transparent, matter-based fees
Fee structures are discussed and agreed in the first consultation, in accordance with Bar Council of India norms — no hidden stages.
The Procedure
From dishonour to disposal
This is the statutory sequence a Section 138 matter follows — the order and the timelines are fixed by law, not by convenience.
Cheque dishonoured by bank
The bank returns the cheque unpaid and issues a memo citing the reason — most commonly "insufficient funds" or "stop payment".
Statutory demand notice
A written notice demanding payment is drafted and sent to the drawer within 30 days of the return memo.
Within 30 daysDrawer's cure period
The drawer has an opportunity to make full payment before any criminal liability is triggered.
15 days from receiptFiling the complaint
If payment is not made, a criminal complaint under Section 138 is filed before the jurisdictional Magistrate along with a sworn affidavit.
Within 1 month of cure period lapsingCognizance, summons & appearance
The court examines the complaint, takes cognizance, and issues summons to the accused to appear.
Trial, settlement, or compounding
The matter proceeds to evidence and trial, or is resolved earlier through negotiated settlement, mediation, or Lok Adalat.
Where We Practise
Janakpuri based, West Delhi reach
Matters are regularly handled before the Dwarka District Courts, with clients drawn from across West Delhi. Also taking instructions from clients elsewhere in Delhi — see our Cheque Bounce Lawyer in Delhi page for citywide coverage. Ready to discuss your matter? Get in touch.
Courts we regularly appear before
- Dwarka District Courts — jurisdiction over most Janakpuri, Dwarka, Vikaspuri & Uttam Nagar cheque matters.
- West Delhi District Courts, Tis Hazari — for matters falling within other West Delhi jurisdictions.
- Sessions Court & Delhi High Court — for appeals, revisions, and quashing petitions.
Does This Sound Familiar?
Common situations we help with
You've just received a cheque back from the bank marked "insufficient funds" and aren't sure what happens next, or how quickly you need to act.
Someone owes you money and gave a cheque that bounced, but you don't want to simply write it off without exploring your options.
You've been served a legal notice over a bounced cheque and want a clear, honest read on how serious the situation actually is.
Frequently Asked
Questions we hear most often
What is the punishment for a cheque bounce case under Section 138?+
What is the time limit to send a legal notice after a cheque bounces?+
Which court has jurisdiction for a cheque bounce case in Janakpuri?+
Can a cheque bounce case be settled outside court?+
What documents are required to file a cheque bounce complaint?+
Speak With Us
Received a notice, or need to send one?
Book a confidential consultation. Bring the cheque, the return memo, and any related correspondence — we can usually map out next steps in the first meeting.
This website is meant for general informational purposes only and does not constitute legal advice or solicitation of work under the Bar Council of India Rules. Prior results discussed on this page do not guarantee a similar outcome, and information provided herein should not be acted upon without consulting a qualified advocate on the specific facts of your matter. Nothing on this page is intended to be advertising or personal communication soliciting work in violation of Rule 36 of the Bar Council of India Rules.
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