Cheque bounce complaint (NI Act s.138)
From the dishonoured cheque to judgment and appeal: the statutory deadlines before filing, then the summary trial before the Magistrate.
Always confirm against the Act and the court’s practice.
Flowchart
Step by step
Complainant
Cheque presented
The payee deposits the cheque for collection.
Within the cheque's validity: three months from the date on it.
- NI Act s.138, proviso (a)
Bank
Cheque returned unpaid
The bank returns the cheque with a return memo giving the reason, such as funds insufficient. Keep the memo: it is filed with the complaint.
- NI Act s.138
- NI Act s.146
Complainant
Legal demand notice
A written notice to the drawer demanding the cheque amount. Send it so delivery can be proved (speed post with tracking, plus email or courier).
Within 30 days of learning the cheque was dishonoured.
- NI Act s.138, proviso (b)
Accused
15 days to pay
The drawer has 15 days from receiving the notice to pay the amount.
15 days from the drawer receiving the notice.
- NI Act s.138, proviso (c)
- Pays within 15 days: Paid in time (case ends)
Complainant
Complaint filed
The complaint is filed with an affidavit, the cheque, the return memo, the notice and proof of its delivery. It goes to the court where the payee's bank branch is.
Within one month after the 15 days end. The court can condone a delay for sufficient cause.
- NI Act s.142(1)(b)
- NI Act s.142(2)
Complainant
Pre-summoning evidence
The complainant's evidence is taken on affidavit, and the court examines it before deciding whether to summon the accused.
- NI Act s.145(1)
- CrPC s.200 / BNSS s.223
- Filed before 1.7.2024: Summons issued and served
Court · if it applies
Accused heard before cognizance
For complaints filed on or after 1 July 2024, the Magistrate gives the accused a chance to be heard before taking cognizance.
- BNSS s.223(1), first proviso
Court
Summons issued and served
The court issues process. Summons can go by speed post, courier or email as well as by hand; the complainant pays the process fee for each mode.
- CrPC s.204 / BNSS s.227
- NI Act s.144
Accused
Accused appears
The accused appears and furnishes a bail bond. If they do not, the court can issue bailable or non-bailable warrants.
- CrPC s.88 / BNSS s.91
Court
Notice of accusation and plea
The court explains the accusation and records the plea. On a plea of not guilty the court can order interim compensation, and the accused can ask to cross-examine the complainant.
- CrPC s.251 / BNSS s.274
- NI Act s.143A
- NI Act s.145(2)
- Pleads guilty: Judgment
- Compounded: Settled or compounded (case ends)
Complainant
Complainant cross-examined
The complainant and their witnesses are cross-examined on their affidavits.
- NI Act s.145(2)
Court
Statement of the accused
The court puts the evidence against the accused to them and records their answers.
- CrPC s.313 / BNSS s.351
- No defence evidence: Final arguments
Accused · if it applies
Defence evidence
The accused may lead evidence to rebut the presumption that the cheque was for a debt.
- NI Act s.139
Court
Final arguments
Both sides argue the case on the evidence.
Court
Judgment
Conviction can carry imprisonment of up to two years, a fine of up to twice the cheque amount, or both.
- NI Act s.138
- Not appealed: Case decided (case ends)
Accused
Appeal to the Sessions Court
A convicted accused can appeal; the appellate court can order a deposit of at least 20% of the fine or compensation. A complainant can appeal an acquittal with the High Court's leave.
30 days from the judgment.
- CrPC s.374(3) / BNSS s.415(3)
- NI Act s.148
- Then: Case decided (case ends)
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