Cheque Bounce Case Filing (post-notice)

What this is

Filing the criminal complaint under Section 138 of the Negotiable Instruments Act after your demand notice was served and the drawer did not pay within fifteen days - the complaint, the affidavit and list of documents, filing before the Magistrate with jurisdiction within the one-month window, the pre-summoning evidence, and representation through the case as the plan includes. It is for payees whose cheque bounced and who sent the notice in time. Court fees are shown separately.

What you get

A Section 138 complaint drafted, reviewed and signed by our panel advocate, with the facts of the cheque, its presentation and return, the notice and its service, the failure to pay, the legal liability behind the cheque, the accused correctly named including the company and its officers where the drawer is a company, the affidavit in lieu of examination, the list of witnesses and documents, and the application for condonation of delay where the one-month period has passed, filed before the Magistrate having jurisdiction where the payee's bank branch is located, the case number and first date delivered, and representation at the pre-summoning stage and through trial as the plan includes, with a note on interim compensation, the summary trial procedure, and settlement. Court fees and process fees are shown separately and not included in our fee.

How it works

1. 1Upload the papersThe cheque, the return memo, the notice with proof of dispatch and delivery, any reply, and the transaction documents. We pre-fill the cheque, the dates and the parties.
2. 2Confirm the timelinePresentation, return, notice, service and the fifteen-day expiry - the one-month period is computed from these.
3. 3Answer the advocate's questionsWhether the notice was served or returned, whether any payment or reply came, whether the drawer is a company, which court has jurisdiction, and whether you want representation.
4. 4PayPay our fee; court fees are shown separately.
5. 5Advocate drafts and filesOur advocate drafts the complaint and affidavit, takes your approval, and files.
6. 6Case is deliveredYou receive the filed complaint, the case number and the first date, and representation as the plan includes.

What to have ready

• Cheque, both sidesOriginal to be produced in court.
• Bank return memoOriginal.
• Demand notice with proof of dispatch and delivery or returnNotice, postal receipt, tracking, acknowledgement or returned envelope.
• Reply from the drawer (if you have it)If any.
• Documents of the underlying transactionInvoice, loan proof, agreement, ledger, chats.
• Company or firm details of the drawer (if you have it)MCA master data or partnership details, if an entity.
• Your ID and address proofAadhaar, PAN or passport.
• Authority letter or board resolution (if you have it)If the payee is an entity.

What this is based on

• NI Act 1881 (1881)
• Negotiable Instruments Act 1881, S.138 (1881)
• BNSS 2023. (2023)
• S.138 summary trial procedure