Cheque Bounce Lawyer in Mulund, Mumbai and Thane – Section 138 NI Act

A cheque bounce lawyer helps you recover money when a cheque is dishonoured, or defend you if you are accused. DM Legal Services handles Section 138 Negotiable Instruments Act matters for complainants and accused before the magistrate courts in Mulund, Mumbai and Thane.

When Does Cheque Dishonour Become an Offence?

Section 138 of the Negotiable Instruments Act, 1881 applies when a cheque issued for a legally enforceable debt or liability is returned unpaid because of insufficient funds or because it exceeds the arrangement with the bank, and the drawer does not pay after notice. The cheque must be presented within its validity period, which is three months from the date on it.

Key Time Limits for the Complainant

• Present the cheque within three months of the date on it.
• Send a legal notice to the drawer within 30 days of receiving the bank’s return memo.
• The drawer has 15 days from receiving the notice to pay.
• File the complaint within one month after those 15 days expire.

The courts can condone delay in filing the complaint in limited cases, but the notice period is strict. Missing a deadline can end the case, so act quickly.

Court Procedure and Remedies

The case is tried as a summary trial before the Judicial Magistrate. The court can order interim compensation to the complainant under Section 143A and, if the accused is convicted, impose imprisonment or a fine that can be up to twice the cheque amount. A convicted accused who appeals may be required to deposit part of the amount under Section 148. Many cases are settled and compounded with the court’s permission. Procedure follows the Bharatiya Nagarik Suraksha Sanhita, 2023 for matters after 1 July 2024.

For Complainants

We check that the cheque, memo and notice meet the legal requirements, draft and send the legal notice, prepare the complaint with documents and follow the case to completion, including recovery and execution.

For Accused Persons

Common defences include absence of a legally enforceable debt, a defective or delayed notice, an incorrectly presented cheque, a security cheque and a lack of territorial jurisdiction. We examine the documents, the notice and the dates before advising on defence, settlement or compounding.

Cheque bounce lawyer in Mulund, Mumbai and Thane

Choosing the right cheque bounce lawyer starts with understanding your documents and your options. At DM Legal Services in Mulund West, our cheque bounce lawyer services are available to clients in Mulund, Mumbai and Thane. A cheque bounce lawyer can review your papers, explain the procedure and tell you what to expect. You can read the relevant statutes on the India Code website, or send us your legal question. Whether you are only exploring options or ready to proceed, it helps to speak to a cheque bounce lawyer before you sign or file anything. A local cheque bounce lawyer also understands the courts and offices in Mulund, Mumbai and Thane.

Frequently Asked Questions

What happens if a cheque bounces?

The bank returns the cheque with a memo. The holder can send a legal notice within 30 days, and if the drawer does not pay within 15 days, a criminal complaint under Section 138 can be filed.

Is cheque bounce a criminal offence?

Yes. Section 138 is a criminal provision, although it is often settled through payment and compounding.

Can a cheque bounce case be settled?

Yes, with the permission of the court. The parties can compound the offence, usually after paying the amount and agreed costs.

What is the punishment?

On conviction the law allows imprisonment up to two years, or a fine up to twice the cheque amount, or both. The court decides based on the facts.

Where should the complaint be filed?

In the court within whose area the payee’s bank branch is located, or where the drawer’s bank branch is, as the law and recent decisions provide. Check this with an advocate before filing.

Areas We Serve: Mulund, Mumbai and Thane

Our office is opposite Mulund Railway Station (West), so we are easily reachable for clients in Mulund East and West, Bhandup, Nahur, Vikhroli, Kanjurmarg, Ghatkopar and Thane (including Naupada, Wagle Estate and Ghodbunder Road), as well as across Mumbai and Navi Mumbai. We appear before the courts at Mulund, Thane and Mumbai, including the Family Courts, and the Bombay High Court. Cheque cases are filed before the Magistrate courts at Mulund, Thane and Mumbai.

Speak to an Advocate in Mulund

If you have received a bounced cheque or a Section 138 notice, contact us quickly because the deadlines are short. Please use the contact page or call 9076171234. Office: 504, 5th Floor, Shree Samarth Plaza, R.R.T. Road, Opposite Mulund Railway Station (West), Mumbai – 400080. You can also read our free legal practice notes.

Disclaimer: This page is for general information only. It is not legal advice and does not create an advocate-client relationship. Every case depends on its facts, and laws and court practice change. Please consult an advocate before acting on any information here.