Cheque Bounce / NI Act Cases
Complaints and defence in cheque dishonour matters under Section 138 of the NI Act.
A dishonoured cheque can lead to criminal liability under Section 138 of the Negotiable Instruments Act, 1881, in addition to any civil recovery. The law sets out a specific sequence — statutory notice, a limited window to make payment, and then a criminal complaint — that must be followed precisely for the case to proceed.
Whether pursuing a complaint after a cheque has bounced or defending one, the outcome often turns on timelines, the statutory notice, and documentary evidence establishing the underlying transaction.
Representation focused on your case
Issuing statutory notice and filing complaints under Section 138 of the NI Act
Defending against cheque bounce complaints on facts, procedure or limitation
Advising on settlement and compounding where appropriate
Representation before Magistrate Courts in Kochi and Ernakulam
Common questions
What is the time limit to act after a cheque bounces?
A statutory demand notice must be sent within 30 days of receiving the bank's dishonour memo, and if payment isn't made within 15 days of that notice, a complaint can be filed within 30 days after that window closes.
Is a bounced cheque a criminal offence?
Yes. Dishonour of a cheque for insufficiency of funds can attract criminal liability under Section 138 of the NI Act, alongside possible civil recovery of the amount.
Can a cheque bounce case be settled?
Yes, these matters are frequently compounded or settled between the parties, which can bring the criminal proceedings to a close.
Other practice areas
Speak with Adv. Shyam Kumar MP
Available for consultations by appointment at the High Court of Kerala, Ernakulam.
Ernakulam – 682031, Kerala