Cheque Bounce Lawyers For Surajpur Court

Steps to initiate a Section 138 case

• Present the cheque within its validity period (generally three months from the cheque date unless otherwise printed by the bank).
• On dishonour, issue a statutory demand notice within 30 days of the bank return memo, requiring payment within 15 days.
• If payment is not made in 15 days, file the criminal complaint before the competent Magistrate at Surajpur District Court within the next 30 days.

Punishment for cheque bounce (Section 138 NI Act)

• Imprisonment up to two years
• Fine up to twice the cheque amount
• Or both, depending on facts and the court's view

Conditions to invoke Section 138

• The cheque was issued towards a legally enforceable debt or liability.
• The cheque was presented within its validity period (generally three months unless otherwise printed by the bank).
• A statutory written notice demanding payment was sent within 30 days of dishonour.
• If the drawer does not pay within 15 days of receiving the notice, a criminal complaint can be filed before the competent Magistrate at Surajpur District Court within the next 30 days.