Cheque bounce case filing
Filing a Section 138 complaint in the Magistrate court after the 30-day notice period expires without payment. Includes full case preparation and court representation.
A complaint under Section 138 of the Negotiable Instruments Act, 1881 is the criminal proceeding that follows when a properly served demand notice has not been complied with — the drawer received the notice and the 15-day grace period has expired without payment. The cause of action arises on Day 16, and the complaint must be filed before a Court of Judicial Magistrate of First Class within 30 days of that date under Section 142(1)(b). Filing beyond the 30-day window requires a separate application for condonation of delay, which the court may or may not allow on cause shown.
The complaint compiles the original cheque, the bank's return memo, the demand notice with proof of dispatch and acknowledgement, and a chronology that establishes each statutory ingredient: cheque issued for a legally enforceable debt or liability, presented within validity, dishonoured, noticed in time, unpaid after 15 days. Section 139 then operates as a presumption in the complainant's favour, shifting the burden to the drawer to rebut. Punishment on conviction is imprisonment up to two years, fine up to twice the cheque amount, or both.
In Uttarakhand, complaints are filed at the Court of Judicial Magistrate of First Class within the District Court of the district where the payee's bank branch is located — Dehradun, Haridwar, Nainital, Haldwani (Nainital district), Roorkee (Haridwar district), Pauri, Tehri, Pithoragarh, Almora, Champawat, Bageshwar, Rudraprayag, Chamoli, Uttarkashi, or Udham Singh Nagar. The Magistrate examines the complaint and complainant on oath; if cognizance is taken, summons is issued to the accused. Trial proceeds under Section 143 of the NI Act in summary form. Section 143A allows the Magistrate to direct interim compensation of up to 20% of the cheque amount during trial, and Section 147 keeps the offence compoundable at any stage including appeal.
NyaySetu Law's Section 138 complaint service compiles the complaint, supporting documents, and chronology proving each statutory ingredient, and identifies the right Magistrate court under Section 142(2). You file the complaint at the court and conduct the trial through court counsel.