Cheque Bounce Lawyer at Dwarka District Court
Facing a cheque bounce case — whether as the complainant whose payment was dishonoured, or as the accused who received a Section 138 summons — requires prompt legal action. Adv. Sameer Khan has extensive experience handling NI Act cases at Dwarka District Court, with a strong track record for both complainants and accused persons.
Our Cheque Bounce Legal Services
- Drafting and sending the legal demand notice within the 30-day deadline
- Filing the Section 138 complaint in the correct court
- Representing complainants at every stage of trial
- Defending accused persons summoned under Section 138
- Cross-examination of bank witnesses and documentary evidence
- Negotiating out-of-court settlements and compounding
- Filing appeals at Sessions Court and Delhi High Court
Important Time Limits — Do Not Miss These
Defences Available to the Accused
- The cheque was not issued against a legally enforceable debt or liability
- The legal notice was defective or not properly served
- The complaint was filed after the limitation period
- The cheque was given as a security deposit and not for discharge of liability
- The signature on the cheque was forged or the cheque was issued under coercion
Frequently Asked Questions
When a cheque is returned unpaid by a bank — most commonly for insufficient funds — the payee can file a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881. The drawer can face imprisonment up to 2 years, a fine up to twice the cheque amount, or both.
Step 1 — Receive the bank return memo. Step 2 — Send a legal demand notice within 30 days of receiving the memo. Step 3 — If payment is not made within 15 days of the notice, file a complaint before the Judicial Magistrate within 1 month. An advocate handles all these steps on your behalf.
A Section 138 NI Act case in Delhi courts typically takes 1–3 years depending on court workload and complexity. Dwarka District Court has dedicated Magistrate courts for NI Act cases which aid faster disposal.
Yes. Section 138 cases can be compounded (settled) at any stage, even after conviction. If the drawer pays the cheque amount with agreed compensation, the complainant can withdraw the case. Courts actively encourage such settlements.