Cheque Bounce in Pune —
Recover What is Owed to You.
A dishonoured cheque is not just a broken promise — it is a criminal offence under Section 138 of the Negotiable Instruments Act, 1881. Dhende Associates represents complainants in recovering their money swiftly and accused persons in building the strongest possible defence — before Pune Magistrate Courts and in appeal before the Sessions Court and Bombay High Court.
Cheque Bounce — Both Sides of the Case
We represent both complainants whose cheques have bounced and accused persons facing Section 138 proceedings — with equal commitment and zero conflict of interest between separate engagements.
💰 For Complainants — Recover Your Money
- Precise Section 138 legal notice drafted and sent by RPAD within 30 days of return memo
- Complaint filed before Judicial Magistrate First Class (JMFC) within strict timelines
- Evidence affidavit drafted — cheque, return memo, notice, acknowledgement
- Examination-in-chief and cross-examination of accused witnesses handled expertly
- Interim compensation application under Section 143-A NI Act during trial
- Execution of fine / compensation after conviction — recovery proceedings
- Compounding negotiation — structured settlement with adequate compensation
- Appeal before Sessions Court / High Court if acquittal is wrong in law
🛡️ For Accused — Your Defence Strategy
- Assessment of all technical defences — limitation, notice validity, cheque validity
- Verification of Section 138 ingredients — is the complaint legally maintainable?
- Written statement and evidence affidavit — building the factual defence
- Cross-examination of complainant's evidence to expose gaps and inconsistencies
- Legally sound grounds — no debt or liability, cheque given as security, stolen cheque
- Compounding negotiation — pragmatic settlement on favourable terms
- Anticipatory bail / bail if summoned and facing custody risk
- Revision / appeal before Sessions Court and Bombay High Court against conviction
Section 138 Deadlines — Every Day Matters
Section 138 is perhaps the most deadline-driven criminal law in India. Missing any single deadline permanently bars your complaint. Here is the complete timeline — with zero margin for error.
Cheque Bounces
Bank returns cheque with memo — "Insufficient Funds" / "Account Closed" / "Stop Payment"
Send Legal Notice
Section 138 notice must be sent within 30 days of receiving the bank return memo. Send by RPAD + email + WhatsApp.
Drawer's Reply Window
Drawer has 15 days from notice receipt to make payment. If full payment is made, complaint cannot be filed.
File Complaint
If payment not made within 15 days, complaint before JMFC must be filed within 30 days of expiry of the 15-day period.
Summary Trial
Section 138 cases are tried as summary trials. Interim compensation under Section 143-A applicable during trial.
⏰ Deadline Approaching?
The 30-day limitation for filing a Section 138 complaint cannot be condoned without substantial cause. Contact us today — same-day notice drafting available.
The Five Essential Ingredients of Section 138
Section 138 NI Act is a strict statute — every single ingredient must be precisely established for a complaint to be maintainable and result in conviction. We build the complainant's case to satisfy all five — and attack any missing ingredient for the defence.
1. A Cheque Drawn on an Account
The instrument must be a cheque (not a demand draft, LoC, or other instrument). It must be drawn by the accused on their own bank account — not signed on behalf of another without clear authority. The cheque must be valid — not post-dated beyond 3 months, not stale.
2. In Discharge of a Debt or Liability
The cheque must have been given in discharge of a legally enforceable debt or liability — not as a gift, security deposit (in most cases), or advance for future obligation. This is the most contested ingredient — the accused will attempt to prove the cheque was not for a debt.
3. Presented to Bank Within Validity
The cheque must be presented to the bank within 3 months of the date written on it (or its issue date, whichever is earlier). A stale cheque that is dishonoured does not attract Section 138 liability.
4. Legal Notice Sent Within 30 Days
A written demand notice must be sent by the payee to the drawer within 30 days of receiving the bank return memo. The notice must specifically demand payment and state that legal proceedings will follow. A defective or late notice vitiates the complaint.
5. Failure to Pay Within 15 Days
The drawer must fail to make full payment within 15 days of receiving the legal notice. Partial payment does not satisfy this requirement — the entire dishonoured amount must be tendered. Only then does the offence under Section 138 crystallise.
Section 138 Defences — What Can Protect You
If you are accused in a Section 138 case, several legal defences are available. Not all are equally strong — we assess which apply to your specific facts and build the most viable defence.
| Defence | Legal Basis | Strength | Evidence Required |
|---|---|---|---|
| No Debt or Liability — Cheque Given as Security | Section 138 requires discharge of a debt — security cheques may not attract liability in all cases | Moderate — fact-specific | Written agreement, email correspondence, or credible testimony establishing security nature |
| Notice Not Received / Defective Notice | Notice is a mandatory pre-condition — defective or unserved notice vitiates complaint | Strong if provable | RPAD tracking showing non-delivery, notice lacking demand or signed by unauthorised person |
| Complaint Filed After Limitation | Complaint must be filed within 30 days of expiry of 15-day notice period — strict | Very strong if established | Date analysis of cheque return memo, notice, acknowledgement, and complaint filing date |
| Cheque Not Signed by Accused / Forged Signature | The accused must be the person who drew the cheque | Very strong if genuine | Handwriting expert evidence; bank specimen signature comparison |
| Cheque Presented After 3 Months (Stale) | Cheque validity is 3 months — stale cheque presentation does not attract S.138 | Strong — absolute bar | Cheque date vs. bank presentation date comparison |
| Company Cheque — Director Not Liable | Under Section 141, director is liable only if offence was committed with their consent or connivance | Moderate to strong | Evidence of non-involvement in the specific cheque transaction |
| Payment Made Within 15 Days of Notice | Full payment within 15 days extinguishes the offence | Complete defence | Bank transaction records, receipt, payment confirmation |
Section 138 NI Act — Questions Answered
Free Case Evaluation
Whether your cheque has bounced and you need to recover your money, or you have received a Section 138 notice — share the details with us. We provide a frank assessment of your position, applicable deadlines, and the best legal strategy — free of charge.
Hours
Monday – Saturday · 9:00 AM – 9:00 PMSection 138 Case Enquiry
🔒 Confidential. Response within 2 hours on working days.
✅ Received!
We will call or WhatsApp within 2 hours with a case assessment. For urgent deadline matters: +91 8149135283