Experienced Advocate for Cheque Dishonour Cases

 Section 138 of the Negotiable Instruments Act, 1881 deals with cheque dishonour cases. When a cheque issued towards a legally enforceable debt or liability is returned unpaid due to insufficient funds or account closure, the drawer becomes liable for criminal prosecution under this provision. 

 Yes. Cheque dishonour under Section 138 NI Act is a criminal offence. If the offence is proved, the court may impose imprisonment up to two years, or a fine up to twice the cheque amount, or both. 

 The cheque must be presented within its validity period. A statutory legal notice must be issued within 30 days from the date of cheque return. The drawer is given 15 days to make payment after receipt of notice. If payment is not made, the complaint must be filed within 30 days thereafter. 

 Yes. Cheque bounce cases are compoundable offences and can be settled at any stage of the proceedings, including during trial or appeal, subject to the approval of the court. 

 A cheque bounce complaint must be filed before the Judicial Magistrate Court having jurisdiction over the place where the cheque was presented for collection or where the payee’s bank branch is situated. 

 The original dishonoured cheque, bank return memo, copy of the statutory legal notice, postal receipt and acknowledgement or tracking proof, and proof of the underlying transaction such as invoices, agreements, or loan documents are required. 

 Yes. Companies, firms, and partnership entities can file cheque bounce cases through an authorised signatory, supported by proper authorisation documents. 

 Yes. Issuing a statutory legal notice within 30 days of cheque return is mandatory. Without serving the notice, a complaint under Section 138 NI Act is not maintainable. 

 Yes. Multiple cheques arising out of the same transaction may be included in one complaint, subject to legal strategy and court discretion. 

 Cheque bounce cases involve strict statutory timelines and procedural requirements. Consulting an experienced Section 138 NI Act lawyer in Chennai ensures proper notice drafting, timely filing, effective court representation, and faster recovery of money.