Cheque Bounce Lawyer in Faridabad | Section 138 NI Act | Bijlani & Co.

A bounced cheque is one of the most common commercial disputes in Faridabad and across the NCR. When a cheque is dishonoured and the drawer fails to make payment within 30 days of the dishonour, the payee may file a criminal complaint under Section 138 of the Negotiable Instruments Act. This is a cognizable and bailable offence, punishable by imprisonment up to 2 years or a fine, or both.

How a Cheque Bounce Case Works in Faridabad

1. Dishonour of the cheque - the bank returns the cheque with a memo stating the reason (insufficient funds, signature mismatch, account closed, etc.).
2. Presentation window - the cheque must be presented within 30 days of the issue date. Presenting after 30 days voids the Section 138 claim.
3. Legal notice - within 15 days of the dishonour memo, the payee must send a written legal notice to the drawer demanding payment.
4. Payment window - the drawer has 30 days from receiving the notice to make payment. If no payment is made, the complaint may be filed.
5. Complaint - the complaint is filed in the Faridabad District Magistrate Court / Punjab & Haryana High Court having jurisdiction over the place where the payee’s bank account is maintained or where the cheque was dishonoured.

Limitation - the Most Critical Point

A Section 138 complaint must be filed within 1 month of the expiry of the 30-day payment period. In practice, this means the last day to file is approximately 40 days after the dishonour date. A complaint filed after the limitation period is time-barred and will be dismissed regardless of the merit of the underlying debt. This is the single most common reason cheque bounce cases are lost - not on the facts, but on the timeline.

Defence Strategy - If You Are the Drawer

If you are the drawer (the person who issued the cheque) and a complaint has been filed against you, the defence strategy depends on whether the underlying debt is genuine:

• Where the debt is genuine - the objective is a negotiated settlement (Section 320 NI Act allows the court to refer the matter for compromise). The aim is to avoid a conviction and the criminal record.
• Where the debt is disputed or the cheque was issued as a credit facility - the leading position is that a cheque issued as a mere credit facility does not amount to “discharging an indebtedness,” and the presumption under Section 138(2) does not arise. This is the strongest line of defence where no specific debt was owed at the time of the cheque’s issue.
• Jurisdictional challenge - the complaint must be filed in the court where the payee’s bank account is maintained. Where the payee’s account is in a different district, the complaint is jurisdictionally defect and liable to be transferred.

How We Handle Cheque Bounce Cases in Faridabad

Our team handles both sides of a cheque bounce dispute - the payee filing the complaint and the drawer mounting the defence. We verify the limitation timeline at the first consultation, assess the evidentiary position (the cheque, the bank memo, the notice, and the proof of service), and draft the complaint or the reply with a specific, court-tested structure. For trial, we appear in the Faridabad Sessions Court where the matter is listed.

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