Section 138 • NI Act • Gurugram
Cheque Bounce Lawyer in Gurgaon (Section 138 NI Act)
End-to-end help for cheque dishonour matters in Gurugram: legal notice drafting,
complaint filing, court representation, defence strategy,
and settlement/compounding. Apply on WhatsApp to share your documents for initial review.
✅ Filing & Evidence Set
✅ Defence / Reply
✅ Settlement / Compounding
✅ Warrants / Bail Guidance
Apply on WhatsApp
Send cheque amount + bank memo date + reason + whether notice is sent. For urgent matters, start with “URGENT”.
What is a cheque bounce case?
A cheque bounce (cheque dishonour) happens when a bank returns a cheque unpaid. In many cases, if a cheque
is dishonoured and the drawer does not make payment after a valid demand notice, proceedings may be initiated
under Section 138 of the Negotiable Instruments Act—subject to compliance with the legal steps and timelines.
Practical point: The strength of a Section 138 case often depends on your documentation:
return memo, notice proof, and papers showing a legally enforceable debt/liability.
When Section 138 applies (common legal conditions)
Every case is fact-specific. But typically, these elements are checked before filing:
Key checks
- Cheque was issued towards a legally enforceable debt/liability.
- Cheque presented within validity period and returned unpaid (memo).
- Demand notice sent within statutory timeline after memo.
- Drawer failed to pay within the notice period after receiving notice.
- Complaint filed within limitation with proper jurisdiction.
Common bank return reasons
- Insufficient funds / exceeds arrangement
- Account closed
- Stop payment instructions
- Signature differs / image not clear
- Payment blocked / technical return
Timelines: memo, notice, filing (easy guide)
Timelines are critical in Section 138. In many cases:
- Notice: Demand notice is issued within 30 days of receiving the bank return memo.
- Payment window: Drawer typically gets 15 days after receiving notice to pay.
- Filing: Complaint is filed within the prescribed limitation after the 15-day period ends (subject to legal rules and condonation in appropriate cases).
We verify dates and proof carefully to avoid limitation/maintainability issues.
Documents you should keep ready
Must-have papers
- Original cheque (and clear copies)
- Bank return memo (dishonour slip) with reason
- Demand notice copy
- Dispatch + delivery proof (speed post/courier tracking)
- ID/address proof (complainant / authorized signatory)
Helpful supporting papers
- Invoice / purchase order / agreement / rent papers
- Ledger / account statement / acknowledgment
- WhatsApp/email admission of liability (if any)
- Board resolution / authorization (company cases)
- Any settlement terms already discussed
How we help (complainant + accused)
For the complainant (payee/holder)
- Drafting a compliant Section 138 demand notice with annexures
- Complaint drafting, affidavit/evidence set, and filing support
- Court appearances and case progress management
- Settlement/compounding negotiation and documentation
- Multiple cheques / running account structuring
For the accused (drawer/signatory)
- Reply to notice and early defence positioning
- Maintainability and jurisdiction check
- Strategy around liability disputes / security cheque issues
- Court appearance support and compliance to avoid warrants
- Settlement planning (when sensible) to close faster
Our Gurgaon handling process (practical + fast)
Step 1 — Case mapping
We review dates, memo reason, documents, and decide notice/filling/defence path.
Step 2 — Notice or reply
We draft and send demand notice OR prepare a detailed reply and defence plan.
Step 3 — Filing & representation
Complaint, affidavit, annexures, and court representation through stages.
Step 4 — Settlement / trial
We push settlement where possible; otherwise prepare evidence and cross-examination.
Bail / warrants in cheque bounce matters
Many Section 138 matters proceed through summons and routine court appearances. However, if a party does not appear
or there are procedural defaults, the court may issue warrants and the person may need legal steps to regularize
appearance (which can include bail-related procedures depending on the court’s directions).
bail in cheque bounce case gurgaon
Read: Bail in Cheque Bounce Case in Gurgaon (Section 138) – Process & Documents
Settlement / compounding strategy
Cheque bounce disputes often resolve faster through structured settlement: full payment, staged payment, or
consent terms with compounding. We help you document settlement properly and close the case at the right stage.
Settlement-ready checklist
- Clear payment plan and dates
- Mode of payment and acknowledgment language
- Withdrawal/compounding steps as per stage
- Protection against future disputes (drafted terms)
FAQ
How fast should I send a legal notice after cheque bounce?
As early as possible. The statutory timeline is important, and you also need proper dispatch + delivery proof.
Can a “security cheque” still become a Section 138 case?
It depends. Courts examine whether there was a legally enforceable liability. Documentation and transaction history matter a lot.
What if the drawer says “stop payment”?
Stop payment can still attract proceedings depending on facts. We evaluate memo reason, liability proof, and notice compliance.
Do you handle company-to-company cheque bounce cases?
Yes. We assist with authorization documents, signatory issues, and evidence structuring for businesses and vendors.
How do I start consultation?
Click “Apply Now” and share cheque amount, memo date/reason, notice status, and a short summary of facts.
Start your Section 138 consultation
Upload your documents for initial review. If urgent, begin your message with “URGENT”.