Best Cheque Bounce Lawyer in Saket Court Delhi

A cheque bounce is treated as a criminal offense under Section 138 of the Act.

✅ Conditions for Filing a Case Under Section 138:

The cheque was issued to discharge a legal liability or debt.
The cheque was presented within 3 months (90 days) from the date on the cheque.
The bank returns the cheque due to insufficient funds or any other reason.
A written demand notice is sent by the payee to the drawer within 30 days from the date of cheque bounce.
If the drawer fails to make the payment within 15 days of receiving the notice, the payee can file a complaint within 30 days after the notice period ends.

✅ Punishment for Cheque Bounce:

In certain circumstances, the payee may choose to file a complaint under:

These sections apply if the issuer of the cheque had fraudulent intentions from the beginning.

Cheque must be presented within 3 months of the issue date.
Legal notice must be sent within 30 days of cheque bounce.
Complaint must be filed in court within 30 days after the 15-day notice period ends.

As per the 2015 amendment, a cheque bounce case can be filed where:

2018 Amendment: Allowed interim compensation up to 20% of the cheque amount to the payee at the discretion of the court.
Interim Compensation: Payable within 60 days from the order.
Appeal Provision: If the accused files an appeal, they must deposit 20% of the amount awarded by the trial court.

Apart from criminal proceedings, the payee can also initiate a civil suit for recovery of the cheque amount along with interest and damages.

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