Cheque Bounce Case Filing (Section 138)

About this service

When the 15 days after your legal notice pass without payment, the next step is a complaint under Section 138 of the Negotiable Instruments Act before the magistrate. An advocate drafts the complaint and your evidence affidavit, files it within the one-month limit, and appears at the first hearing to get summons issued. Later hearings are billed separately. Court fee, stamp duty and government fees are extra, at actuals.

What you get

• Review of cheque, return memo, notice and postal proof
• Complaint under Section 138 NI Act
• Evidence affidavit and list of documents
• Filing before the competent magistrate
• Appearance at the first hearing for summons

How it works

1. 1

   Share the papers

   We confirm you are inside the one-month window to file.

2. 2

   Complaint drafted

   The complaint and evidence affidavit are prepared for your signature.

3. 3

   Filing

   Filed before the magistrate where your bank branch sits.

4. 4

   Summons

   Your advocate appears and seeks summons against the drawer.

Documents you will need

• Original dishonoured cheque and bank return memo
• Copy of the legal notice sent, with postal receipt and tracking
• Any reply received from the drawer
• Agreement, invoice or ledger showing the debt
• Your ID and address proof (or board resolution for a company)

Scans or clear photographs are fine. The lawyer handling your matter will tell you if anything else is needed once they have seen your papers.